1989 P Cr (PLP)

The facts giving rise to this petition are that case F.I.R. No. 231 of 1987 under sections 148, 307/149, P.P.C. was registered on the report of Mehraj Din petitioner against Zia Ullah etc. for launching murderous assault on him and others as a result of which his brother Shaukat and one Ashraf were injured. During investigation Muhammad Ashraf aforementioned stated that in fact Mehraj Din petitioner and his companions had formed an unlawful assembly and attacked him and that he was fired at by the petitioner with .12 bore gun hitting him near the right eye. Consequently Mehraj Din petitioner was arrested. He applied for bail which was granted by the Judicial Magistrate on 4‑10‑1987. Muhammad Ashraf moved an application against him for the cancellation of his bail which came up before the learned Additional Sessions Judge, Sheikhupura who accepted the same and cancelled his bail on 17‑4‑1988. Hence this petition.

2. It is contended that Muhammad Ashraf son of Ibrahim had made a false statement before the police at the behest of the accused of case F.I.R. No. 231/87 got registered by Mehraj Din petitioner and that the injury found on his person was simple in nature. It is next submitted that the accused charged with murderously assaulting brother of the petitioner are on bail and being a case of two versions he is entitled to bail.

3. The learned Additional sessions Judge observed that the learned Magistrate had acted in haste in allowing bail to the petitioner just two days after his arrest and failed to consider that the injury attributed to him was on a vital part of the body.

4. I have heard the learned counsel for the parties. It has been brought to s my notice by the learned counsel for the complainant that the petitioner is a desperate person involved in several criminal cases. Besides twelve cases registered prior to the present case two cases of murderous assault were registered against him after the present occurrence and his release on bail. In one; of the cases the legs. of Liaquat, Budha and Aslam, relations of Ashraf son of Ibrahim injured, were cut while in 'other case Ilyas a brother of Ashraf was allegedly given fire‑arm injuries by the petitioner and others.

5. Keeping in view the nature of allegations against the petitioner of having caused fire‑arm injury on a vital part of the body of Ashraf son of Ibrahim and his conduct after having been released on bail by the Judicial Magistrate, I do not consider him entitled to the grant of bail and accordingly dismiss the application. MA.K./M‑1422/L Revision dismissed.