ANWAR BEG Versus STATE

ORDER

Petitioner is one of the accused in case F.I.R. No.25, dated 15-6-1996 under section 302/109/34, P.P.C. Police Station Chakrala Anwar Baig fired at Ahmad Khan brother of the complainant with pistol which hit him on right shoulder and right side of chest. Ahmad Khan died as a result of injuries received. Anwar Baig petitioner allegedly fired at the complainant and witnesses as well and later decamped from the spot in a car.

2. Petitioner was arrested in June, 1996 and has applied for grant of bail to him calling for benefit of third proviso to section 497, Cr.P.C. to be given to him.

3. The matter was posted for hearing on 12-10-1998. Learned counsel for the complainant pointed out that the petitioner attempted jail break while confined in Central Jail, Mianwali. A report from Superintendent, Central Jail, Mianwali was called for, which has been submitted. The report of Superintendent, Central Jail, Mianwali shows that Anwar Baig son of Mehr Khan petitioner alongwith others did try to break open the jail and tried to abscond. The petitionerhas criminal tendency and has shown inclination towards absconder. Attempting jail break shows desperate nature of the accused petitioner and as such he does not deserve the benefit of the third proviso to section 497, Cr.P.C. to be extended to him.

4. The petition is dismissed.

H.B.T./A-22/L Petition dismissed.