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Petitioner: QAISER WASEEM VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Hasnat Ahmad Khan Title: QAISER WASEEM vs THE STATE Case No.: Criminal Miscellaneous No, 1653-B of 2008 Date of Judgment:2008-03-24 Reported As: 2008 YLR 2009 Result: Bail refused
Judgment ORDER ' HASNAT AHMAD KHAN, J.----Through this application Qaiser Waseem alias Muthoo-petitioner has sought post-arrest bail in case F.I.R. No,467 of 2007, dated 6-8-2007 registered at Police Station Model Town, Gujranwala, in respect of offences under sections 324/148/149, P.P.C. Later on due to the death of Asad Ismail, section 302, P.P.C. Was also added. 2. Precise allegation against the petitioner as per F.I.R. Is that on 5-8-2007 at 10-30 p.m. He along with Zohaib, Kamran and Javed caused injuries to the brother of complainant, Asad Ismail, who later on succumbed to his injuries on 23-8-2007. During the occurrence Umar Ilyas and Ali Nauman, P. Ws. Were also roughed up by the accused persons. 3. After hearing the arguments put forth by the learned counsel for both the sides I have gathered that the petitioner has been specifically named in the F.I.R., with a specific role of causing injuries on the head of Ali, injured P.W. During the investigation the weapon of offence i.e, pistol, which was used as a blunt weapon was duly recovered from the accused. The medico-legal certificate supports the case of the prosecution. At this stage there is A nothing on the record to suggest that the petitioner did not share common intention with his co-accused who committed murder of Asad, brother of the complainant. The offence allegedly committed by the petitioner falls within the prohibitory clause. It has further been brought to my notice that the petitioner remained fugitive from law for more than a month. Admittedly the charge has already been framed and the trial is in progress. At this stage deeper appreciation of evidence would not be justifiable. Therefore, the petition in hand being found meritless is dismissed.