' TARIQ SHAMIM, J.--- Through this petition, the petitioner seeks post-arrest bail in case F.I.R. No,812; dated 2-10-2006 for offences under sections 337-A(i), 337-A(iii), P.P.C. Registered at police. Station Islampura, Lahore.
2. The brief facts of the case are that the complainant and another were injured by the petitioner and his brother Azhar Hussain and consequently the aforesaid F.I.R. Was lodged against them.
3. The learned counsel for the petitioner contended that there was a delay of 7 days in lodging of the F.I.R. Which has not been explained that co-accused Azhar Hussain with similar role has been allowed bail by the learned Additional Sessions Judge, Lahore vide order, dated 28-4-2007; that although it was alleged in F.I.R. That the complainant has received injuries, however, there was no medico-legal report of the complainant on the file and that the injury falling under section 337- A(iii), P.P.C. Was not attributed to the petitioner, therefore, he was entitled to be released on bail.
4. The learned Deputy Prosecutor-General assisted by the learned counsel for the complainant has contended that the medico-legal report of Mst. Safia Begum complainant was on the file which reveals that the injury attributed to the petitioner has been duly mentioned therein, that the co- accused of the petitioner was allowed bail by the learned Court as no specific injury has been attributed to him and, therefore, the case of the petitioner was distinguishable from his co- accused that the petitioner and his co-accused were liable for causing injuries falling under section 337-A(iii), which was hit by the prohibitory clause of section 497, Cr.P.C., that the petitioner has concealed the fact that he had earlier applied for bail to this Court and in view of suppression of facts the petitioner was not entitled to the grant of bail.
5. I have heard the learned counsel and gone through the record.
6. It has been noticed that the petitioner through Criminal Miscellaneous No,9661-B of 2006 applied for pre-arrest bail which was cancelled on 8-1-2007 on account of his non-appearance before the Court and consequently notice was issued to' the sureties in terms of section 514, Cr.P.C. It has further been noticed that the petitioner thereafter filed Criminal Miscellaneous No,392-B of 2007 seeking the same relief which was also dismissed on 18-1-2007. The petitioner has suppressed material facts as the certificate on the instant petition' is conspicuously silent about the earlier petitions filed by the petitioner. The petitioner in view of concealment/suppression of facts is not entitled to the concession of bail. Needless to state that the petitioner is nominated in the F.I.R. And specific role has been attributed to him and his co-accused of causing injury falling under section 337-A(iii), P.P.C. Which entails a sentence of 10 years' imprisonment and is hit by the prohibitory clause of section 497, Cr.P.C. The case of the petitioner is distinguishable from his co-accused, inasmuch as, the injury specifically attributed to the petitioner in the F.I.R. Duly finds mention in the medico-legal report of Mst. Safia Bibi. The petitioner and Azhar Hussain are brothers inter se who are the only accused nominated in the F.I.R. And prima facie their participation in the occurrence cannot be doubted. Further, the petitioner has failed to point out any malice or ill-will on the part of the complainant or the police for his implication in the case. There is ample incriminating material available on the record to connect the petitioner with the crime alleged to have been committed by him.
7. In view of what has been discussed above, I am not inclined to extend the concession of bail to the petitioner. Consequently, the petition stands dismissed.
8. The learned Judge while allowing post-arrest bail to the co-accused namely Azhar Hussain has overlooked the fact that specific allegation of causing injury falling under ,section 337-A(iii), P.P.C. Is attributed to him which attracts the prohibition contained in subsection (1) of section 497, Cr.P.C.
Consequently, notice be issued to Azhar Hussain accused for 11-9-2007 to show cause as to why the bail allowed to him by the learned Additional Sessions Judge vide order, dated 28-6-2007, be not cancelled/recalled. Bailable warrants of arrest in the sum of Rs,50,000 with one surety in the like amount returnable to the Senior Civil Judge, Lahore be also issued against Azhar Hussain for the said date.