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Petitioner: ABDUR RASHID VS Respondent: STATE
1994 P Cr
1994 P Cr. L J 2341
[Lahore]
Before Sh. Khizar Hayat, J
ABDUR RASHID ---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.4216/B of 1993, decided on 4th December, 1993
Criminal Procedure Code (V of 1898)---
----S. 497---Penal Code (XLV of 1860), S.302/148/149---Bail---Accused had been attributed fatal shot and had been found guilty in Police investigation--- Reasonable grounds prima facie existed for believing that the accused was guilty of committing the offence of murder---Accused was refused bail in circumstances.
Malik Abdul Majeed Khan for Petitioner:
Akhtar Ali Qureshi for the State.
Date of hearing: 4th December, 1993
ORDER
This is a petition for granting bail to Abdul Rashid alias Sheda, petitioner herein, who stands arrested in case F.I.R. No.125/93, dated 5-4-1993, under section 302/148/149, P.P.C. registered at Police Station Narang, District Sheikhupura, at the instance of Muhammad Sadiq, father of Sarfraz Ahmad (deceased).
2. According to the F.I.R. the complainant's nephew namely Latif was allegedly murdered by Sarfraz (deceased) and others about 4 months earlier. To take revenge of that murder, the aforesaid deceased on the morning of the day of occurrence was taken out from his house Muhammad Aslam, accused, on the pretext that he should repair the Khal supplying water to his fields. When the deceased and Muhammad Aslam reached near the wheat crop, said Muhammad Aslam called out the accused persons whereupon Abdur Rashid (petitioner), Bashir Ahmad and Nazir Ahmad came armed with fire-arms and Muhammad Siddique came armed with a Sota, and at the exhortation of his co accused Abdur Rashid petitioner, fired a shot at the deceased as a result whereof he died on the spot. The occurrence was witnessed by Muhammad Sadiq, father of the deceased and his mother Mst. Sharifan Bibi.
3. During the investigation, petitioner's three co-accused namely Nazir Ahmad, Bashir Ahmad and Muhammad Siddique have been found innocent. However, Muhammad Aslam and the petitioner herein namely Abdur Rashid are found guilty. The petitioner's bail plea was declined by the lower Court, hence this petition.
4. I have heard learned counsel for the petitioner as well as for the State and have also perused the record.
5. It is vehemently contended that the petitioner has been falsely implicated because he was an eye-witness against the deceased in the earlier murder case; that petitioner's three co-accused have been found innocent and therefore, there is no certainty that the petitioner is real culprit; and that the recovery of gun allegedly used by the petitioner during the occurrence was fake, hence he is entitled to grant of bail. Learned counsel appearing on behalf of the State has vehemently opposed the petitioner.
6. Since the petitioner has been attributed fatal shot and in the police investigation he has been found guilty, therefore, there exist prima facie A reasonable grounds for believing that the petitioner is guilty of committing offence of murder, hence he is not entitled to grant of bail. The petition. Is therefore, dismissed.
N.H.Q./A-514/L Bail refused,