After rejection of post arrest bail application of the petitioner by learned Addl: Sessions Judge, Pindi Bhattian vide order dated 7.3.2008, the petitioner has filed this after arrest bill application in this Court in case FIR No, 436 of 2007 dated 18.7.2007 under Sections 324, 452, 337- F(v), 337-A(ii), 337- L(ii), 148, 149 PPC registered at police station Jalalpur Bhattian District Hafizabad, wherein it is alleged that petitioner was armed with sota alongwith six others who were variously armed with pistol etc. and then trespassed into the house of complainant at about 5.00 p.m. on 18.7.2007 and Munir Ahmad co-accused fired with his .30 bore pistol on the complainant which passed through the legs of the complainant and hit the wall and when the complainant tried to run away he was caught and dragged by the petitioner and co-accused and then all of them gave him beating mercilessly with sotas, butt of pistol on his face, head, legs, arms and flanks etc. etc. and caused him multiple lacerated injuries due to previous grudge of theft of the buffalo of the complainant by the petitioner and co-accused.
2. Learned counsel for the petitioner has submitted that petitioner is attributed danda blows on the right leg of the complainant and injuries are simple in nature and submitted that case against the petitioner thus calls for further inquiry in sharing, grievous injuries on the complainant by the co- accused including injuries on his face and head. It is submitted that petitioner is no more required by the police, danda has already been recovered from him and he is in judicial lock up for the last several months, thus he is entitled to bail.
3. Learned Addl: Prosecutor General assisted by learned counsel for the complainant has opposed the bail application and submitted that the complainant has been mercilessly beaten with butt of the pistol, dandas and sotas resulting in at least 12 blunt weapon injuries on all over his body including head and face and some of the injuries are grievous in nature and there is strong motive also available against the present petitioner on record, therefore, he is not entitled to bail.
4. Arguments heard. Record perused. There are 12 blunt weapon injuries on the person of complainant, which are contusions and lacerations. A perusal of the FIR itself shows that petitioner and co-accused simultaneously gave beating to the complainant with their respective weapons due to the fact that complainant had got a case registered for theft of his buffalo at the instance of present petitioner and others. The petitioner is named in the FIR and merely because the offence does not fall within the prohibitory clause, petitioner is not entitled to bail as the petitioner and co- accused gave meritless beating to the complainant and caused multiple wounds on all over this body including face and head. Petition is without merit and is therefore, dismissed.