FAROOQ HAIDER ALIAS BILLA Versus THE STATE

ORDER

This is a petition under section 497, Cr.P.C. moved by Farooq Haider, petitioner, accused in case F.I.R. No.225/1993, dated 9-12-1993 under section 394, P.P.C. registered with Police Station Model Town, Lahore.

2. The prosecution case against the petitioner is that he alongwith co -accused came to the shop of complainant; purchased two jackets; after wearing these jackets took four jackets more; the petitioner after taking four jackets went away from the shop; the other accused asked the complainant to show some other jackets; the complainant went to bring the jackets; the other accused fired at the complainant with Mouzer which hit an his thigh though the first fire missed. The other accused was caught hold by the P.Ws. but got released.

3. I have heard the arguments advanced by the learned counsel for the parties and have perused the record. The contention of the learned counsel for the petitioner is that no identification parade was held as the petitioner was not named in the F.I.R.; petitioner had not fired upon the complainant and even at the time of firing by the co-accused he was not present in the shop; according to the learned counsel ordinarily in such like cases grant of bail is a rule and refusal an exception. He further contended that bail is not to be withheld as a punishment as laid down in case PLD 1968 SC 349.

4. Learned counsel for the petitioner was unable to point out motive or enmity to falsely implicate the petitioner in the case. The tendency of looting innocent citizens by rascals at pistol point now-a-days has gained alarming situation. Judiciary being an important limb of the State can play heavy role in curbing such tendency by putting a check while granting bail to such criminals. I am, in the peculiar circumstances of the case, not inclined to exercise my discretion. This petition is accordingly dismissed.

N.H.Q./F-188/L

Bail refused.