Yaseen son of Abdul Aziz, the petitioner, by filing the instant petition seeks post-arrest bail in case F.I.R. No, 640, dated 1.10.2004, registered at Police Station Satiana, district Faisalabad for offences under Sections 324, 337-F(iii), 148, 149 P.P.C.
2. The story of the prosecution as narrated in the F.I.R. registered at the instance of Zakir Hussain son of Mahabat, the complainant, was that he was resident cif Chak No, 278/GB and was a cultivator; on 30.9.2004, about 7'O Clock, his brother Walayat Ali, Noor Muhammad and Hashim Ali were going to fetch their mare from Chak No, 277/GB; when they had reached near the Dhari of Yaseen (the petitioner), he alongwith his co-accused, namely, Abdul Rab Arif, Abdul Rauf, Abid Ali, Muzammal, Mudassar, Asif and Zafar started firing with their respective fire-arms and kept on raising Lalkaras that they Would be murdered in the manner in which Iqbal had been done away with; the fireshot made by Abdul Rauf with his rifle landed on the right shoulder of Walayat Ali; Yasin's fire shot with his rifle also struck Walayat Ali on his, right hand; Abdul Rab Arif fired a shot with his rifle, which hit Noor Muhammad on the left shoulder; Abid's fire shot with his rifle also hit Noor Muhammad on the jaw; the shot fired by Asif with his 12-bore gun struck Hashim on the right leg; Muzammal, Mudassa and Zafar indulged in aerial firing and raising Lalkaras that nobody would be spared alive; the report of firing attracted Shah Jahan and Muhammad Younas, who witnessed the occurrence while taking shelter besides the wall of shrine of Baba Naga Sain. Resultantly, the instant F.I.R. had been recorded.
3. The petitioner's plea for post-arrest bail had been turned down by the learned Additional Sessions Judge, Faisalabad vide order dated 8.8.2605. Hence, the instant petition.
4. I have heard the learned counsel for both the sides at considerable length and have also gone through the record brought by Allah Ditta, ASI.
5. It has been observed that the case had been registered on 1.10.2004. The petitioner became fugitive from law and was formally declared as a proclaimed offender. His period of abscondence runs from 1.10.2004 to 5.6.2005, on which date he was arrested. The role attributed to him was that he had caused a fire shot injury to Walayat Ali, which landed on his right hand. The medico-legal report of Walayat Ali shows that he had suffered Injuries Nos, 3 and 4 on his right hand. Injury No, 3 was entry wound whereas Injury No, 4 was exit thereof. As already stated above, the petitioner remained absconder for good about eight months. It was prima-facie a pre-meditated attack in which fire-arms were openly used. The mere old age of the petitioner, that too if sixty years, could be termed as old age in today's age of advanced medical science is no ground for bail unto itself.
Section 324 P.P.C. attracts the prohibitory clause of Section 497(1) Cr.P.C. Even otherwise, peiusal of the F.I.R. reveals that the petitioner and his co-accused acted in a highhanded manner. He does not deserve the concession of bail at this stage. There is no merit in this petition, which is accordingly dismissed.