Mirza MAHMOOD Versus State

ORDER

ABDUL SAMI KHAN, J.--- Through this petition under section 497, Cr.P.C. the petitioner Mirza Mahmood has sought bail after arrest in case FIR No.99/2016 dated 02.03.2016 under sections 302, 34, P.P.C., registered at Police Station City Saray Alamgir, District Gujrat.

2. I have heard the learned counsel for the parties and have also gone through the record of this case with their able assistance. This is bail after arrest and deeper appreciation of evidence is not allowed at this stage. As per FIR the allegation against the present petitioner is that he along with his co-accused while armed with pistol .30 bore committed murder of Sania Shamshaad. The role attributed to the petitioner is borne out from the post-mortem of deceased. During the investigation of this case the petitioner has been found guilty by the Investigation Officer as sole accused who has caused six fire arms injuries to deceased. Recovery of pistol .30 bore has been affected from the petitioner during investigation. As per report of Punjab Forensic Science Agency, two empties matched with the pistol recovered from the petitioner. There is ample evidence in the shape of statements of PWs recorded under section 161, Cr.P.C. supported by medical evidence involving the present petitioner in this case. So far no ill-will or animostly of the complainant with the petitioner has been brought on record so that the former could falsely involve the latter in a case of this nature. The offence with which the petitioner is charged falls under the prohibitory clause of section 497, Cr.P.C. Challan has been submitted in the learned trial court and trial is in progress. Rest of the arguments advanced by learned counsel for the petitioner amounts to deeper appreciation of evidence which cannot be appreciated at this stage.

3. For what has been discussed above, this petition has got no force and the same is hereby dismissed.

4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.

WA/M-190/L Bail refused.