Law: Pakistan Penal Code (PPC),1860

Section: 302,34

ORDER-SHEET ARBAB MUHAMMAD TAHIR J: This is second post-arrest bail by petitioner/accused namely Muhammad Osama in FIR No. 578, dated 07.11.2021, Under Section 302/34 PPC, PS Lohi Bher, Islamabad.   2- The first post-arrest bail petition of the petitioner and co-accused namely Muhammad Saboor were dismissed by this Court vide order dated 02.02.2022. The petitioner then filed second post-arrest bail petition on principle of consistency being his case at par with co-accused Muhammad Shahbaz, who was granted post-arrest bail by the Hon’ble Apex Court vide order dated 22.08.2022, passed in Crl. Petition No. 700/2022, which was dismissed by the learned ASJ-IV Islamabad East vide order dated 17.09.2022, hence this second post-arrest bail petition.   According to the allegations set-forth in the FIR, on 07.11.2021 at about 05:00 pm, co-accused Saboor and the petitioner (Osama) visited the house of the complainant Muhammad Shahzad situated in village Kortana, Post Office Rawat, District Islamabad, where latter along with his brother Ashiq Hussain was already present. The accused persons (Saboor and Usama) allegedly took away Sheraz Khan, since deceased, with them on the asking of Muhammad Shahbaz resident of Dhoke Chaudhrian (since admitted to post arrest bail). It was further alleged that when Sheraz, son of the complainant, did not come back till 09:30 pm, Jawad, the other son of the complainant made a phone call at the cell number of Sheraz, which was responded by the petitioner Osama, who informed about a quarrel, sustaining injury and death of Sheraz.   The learned counsel pressed this petition on the ground that no incriminating material is surfaced against the petitioner during the course of investigation and that his role  is identical to that of co-accused Muhammad Shahbaz who was allowed bail by the Hon’ble Apex Court vide order dated 22.08.2022 passed in Crl. Petition No. 700/2022.   On the other hand, learned State Counsel assisted by the learned counsel for the complainant repelled the above submissions by arguing that sufficient incriminating material is available on record against the petitioner who is nominated in…