2008 PLP 566 (MLD)

TARIQ SHAMIM, J.

Through this petition, the petitioner seeks post-arrest bail in case F.I.R. No. 429, dated 7-7-2006 for offences under sections 324, 337-F(iii), 337-F(vi), 341, 148 and 149, P.P.C. and section 11-B of the Arms Ordinance, registered at Police Station Saddar Samundri, District Faisalabad.

2. The petitioner's bail application was dismissed on merits by this Court vide order, dated 9-4-2007 which was assailed before the Hon'ble Supreme Court of Pakistan through Criminal Petition No.315-L of 2007 but the same was withdrawn as not pressed on 3-7-2007. Subsequently, the petitioner preferred another bail petition bearing No.6758-B/2007 which was dismissed by this Court as the grounds urged by the petitioner had already been considered in the earlier order. This order was also assailed by the petitioner before the Hon'ble Supreme Court of Pakistan through Criminal Petition No. 513-L of 2007 in which the Hon'ble Supreme Court of Pakistan observed as under:-- "The learned counsel when confronted that in the given situation the interference of this Court is not justified at this stage, he without further pressing this petition submitted that petitioner may be permitted to repeat his request of bail before the High Court at appropriate stage." (2) In view thereof, we without commenting upon the merits of the case, dismiss this petition as not pressed with the observation that the petitioner may, if so desires, approach the High Court afresh at appropriate sage and if a bail application is moved by him before the High Court, the same shall be decided on its own merits without being influenced by the earlier order passed by the High Court or this order.

3. In view of the above order, the instant petition is again being decided on merits.

4. It has been observed that the petitioner is named in the F.I.R. and specific role has been ascribed to him of causing injury on the outer side of right thigh of Abdul Ghafoor, the injured prosecution witness. Thus, to the extent of injury caused by the petitioner, the medico-legal report is in consonance with the allegations levelled in the F.I.R. The injured and the eye-witnesses of the occurrence have fully implicated the petitioner in the crime and have furnished an account which is in line with the contents of the F.I.R. During investigation, weapon of offence was also recovered from the petitioner which further connects him with the prosecution case. Since prima facie offence under section 324, P.P.C. is attracted in the case, therefore, the offence squarely falls within the ambit of the prohibitory clause of section 497, Cr.P.C. It is pertinent to add here that during investigation the petitioner was found to be fully involved in the crime and consequently, challan has been submitted in the trial Court. After framing of charge against the accused, the trial is in progress.

5. For what has been discussed above, the petitioner has failed to make out a case for grant of bail. Consequently, this petition is dismissed being without merit. Since charge in the case has been framed and trial proceedings are in progress, therefore, the learned trial Court is directed to conclude the trial without loss of unnecessary time and preferably within three months. M.H./E-1/L Bail refused.