' SYED SHABBAR RAZA RIZVI, J.---The learned counsel seeks post-arrest bail of the petitioner, who stands booked in F.I.R. No,6 of 2007 dated 7-1-2007 at Police Station City B-Division Sheikhupura.
The offences alleged in the said F.I.R. Are under sections 302, 324, 148 and 149, P.P.C.
2. Briefly, according to the F.I.R. The allegation against the petitioner is that he caused fire-arm injury on the right leg of Mst. Samra and he also caused firing to the deceased, which hit him in his waist.
3. According to the learned Counsel for the petitioner no recovery was effected from the petitioner, no injury is attributed to the deceased; injury attributed to Mst. Samra is simple in nature; and commencement of trial is no bar if the case is otherwise made out for bail. In addition, the learned Counsel further added that co-accused Fiaz etc. Have already been granted bail by this Court vide Criminal Miscellaneous No,2859-B of 2007.
4. The learned counsel for the complainant submits that the case of the petitioner is distinguishable from the co-accused already granted bail; injury to Mst. Samra is not denied which establishes participation and presence of the accused in the occurrence; and the trial has already commenced. The learned counsel for the State also supported the contentions of the learned Counsel for the complainant.
5. I have carefully examined and considered the arguments above mentioned. The case of the petitioner is distinguishable from the co-accused already granted bail by this Court. In more than one investigations the co-accused were found innocent, whereas, the petitioner was found guilty.
Moreover right now six prosecution witnesses have already been examined and the trial is likely to be concluded in near future, therefore, at this stage it will not be appropriate to grant this bail application.
6. In view of the above, this bail application is dismissed.