MUHAMMAD RAMZAN Versus THE STATE

ORDER

' Muhammad Ramzan, petitioner, has moved this petition under section 497, Cr.P.C. For post-arrest bail in a case registered vide F.I.R. No,66 of 1994, dated 15-7-1994 under section 302, Qisas and Diyat Ordinance read with section 109/34, P.P.C. Police Station Ganda Singh Wala District Kasur.

2. According to F.I.R., the petitioner armed with .30 bore pistol committed the murder of Liaqat Ali, deceased, brother of the complainant on a dispute over the land.

3. In support of the application, it was argued that three co-accused of the petitioner have been declared innocent as such on the basis of same' evidence, the petitioner cannot be roped in specially when no motive has been alleged against him. He further argued that it is not a case of Qatl-e-Amd and the petitioner is entitled to the concession of bail.

4. Application was opposed by learned counsel for the State. He submitted that the petitioner has been specifically named in the F.I.R. And there was no malice for involving the petitioner without any participation in the offence.

5. Having heard learned counsel for the parties at length and on going through the record, I am of the view that it is not a fit case for extending concession of bail to the petitioner. The petitioner has been named in the I F.I.R. With a specific role and the weapon of offence has also been recovered from him. The mere fact that co-accused of the petitioner have been declared innocent is no ground for bringing the case of the petitioner out of the purview of prohibitory clause contained in section 497, Cr.P.C. Dismissed.