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Petitioner: ABDUL SATTAR VS Respondent: STATE
1997 M L D 2724
1997 M L D 2724
[Lahore]
Before Khalil‑ur‑Rehman Ramday, J
ABDUL SATTAR‑‑‑Petitioner
versus
THE STATE‑‑‑Respondent
Criminal Miscellaneous No. 4197/13 of 1994, decided on 4th December, 1994.
Criminal Procedure Code (V of 1898)‑‑‑
‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), S. 302‑‑‑Bail, grant of‑‑‑Accused though had not been saddled with any injury on the person of deceased, but as per accusations contained in F.I.R. he had taken active part in the occurrence inasmuch as he was armed with a fire‑arm and had used same to cause injury to one prosecution witness‑‑‑Accused, in circumstances, was not entitled to bail.
Abid Saqi for Petitioner. Muhammad Iqbal Kitchi, A.A.‑G. for the State.
ORDER
In the occurrence, which had taken place on 14‑4‑1993 one person namely Liaqat had been murdered while four of his family members Mst. Naseem, Mst. Rehana, Abdul Shakoor and Liaqat had been murderously assaulted by the accused party and all five of them have received fire‑arm injuries. Abdul Sattar petitioner was alleged armed with a Carbine and had been burdened with a fire‑arm injury in the abdomen of Mst. Naseem, P.W.
2. The learned counsel canvassed bail for Abdul Sattar on the ground that he had not caused any injury to the deceased; that according to the investigation agency he was not armed at the time of occurrence and that in the circumstances he was entitled to the concession of bail.
3. It is true that Abdul Sattar, petitioner has not been saddled with any injury on the person of the deceased but as per the accusations contained in the F.I.R. he had taken active part in the occurrence in question, inasmuch as he was armed with a fire‑arm and had used the same to cause 'an injury on the person of one P.Ws. So far as other submission is concerned, the learned counsel has not been able to support the contention regarding the alleged finding of Investigating Officer that the petitioner was empty handed at the time of occurrence nor was A.A.‑G. been able to find any entry in the police file in verification of this plea.
4. This being so, I find no merits in the bail petition, which is accordingly dismissed.
H.B.T./A‑835/L Petition dismissed.