ASIF ALI Versus State

ORDER

ABDUL SAMI KHAN, J.--- Through this petition under section 497, Cr.P.C. the petitioner has sought post-arrest bail in case FIR No.607/12 dated 10.06.2012 under sections 302, 148, 149, 109, P.P.C., registered at Police Station Mansoor Abad, District Faisalabad.

2. I have heard the learned counsel for the parties and have gone through the record of this case with their able assistance. This is bail after arrest and only tentative assessment is allowed at this stage. Although the petitioner is not named in FIR, yet the fact remains that he was implicated in the instant case through supplementary statement got recorded by the complainant and during his identification parade, the petitioner was also correctly identified by the complainant and the eye-witness as the culprit of the offence. It is an admitted position of the case that pitched enmity exists between the parties and after registration of instant case, the petitioner side has murdered PWs Shahzad Ashraf, Waqas and Bilal, regarding which FIR No.1017/12 and 225/2013 have been registered at Police Station Mansoor Abad. There are statements of the PWs got recorded under section 161, Cr.P.C. fully involving the present petitioner in this case. During investigation he has been found involved in this case by the investigating officer and the weapon of offence was also recovered from him. 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, wherein statements of eight prosecution witnesses have already been recorded. The case of the petitioner is quite distinguishable than that of Rana Sabir Amin accused, who was granted post arrest bail vide this Court's order dated 16.08.2013 as he was found liable only to the extent of abetment of the offence.

3. For what has been discussed above, this petition has got no force and the same is hereby dismissed. However, as the trial of the case is in progress and it has been held by Hon'ble Supreme Court of Pakistan that when the trial is in progress, it is not advisable to grant bail to the accused as it may prejudice the case of either party. Reliance can easily be placed upon the case of Muhammad Jahangir Baqar v. The State (PLD 2003 Supreme Court 525), therefore, the learned trial Court is directed to conclude the trial of the petitioner within six months from the receipt of certified copy of this order under intimation to this Court through Deputy Registrar (Judicial).

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

HBT/A-5/L Bail refused.