' ASIF SAEED KHAN KHOSA, J.--- Through this petition Shahid Mehmood alias .Mansha petitioner has sought post-arrest bail in case F.I.R. No,184 registered at Police Station City Pasrur, District Sialkot on 12-7-2009 in respect of offences under sections 452/337-A(ii)/ 337-F(i)/337-L(2)/34, P. P. C .
2. Although the F.I.R. In this case was lodged with a slight delay yet the reason for that delay had been explained by the complainant in the F.I.R. Itself. The petitioner stands specifically nominated in the F.I.R. As one of the perpetrators of the alleged offences and a specific injury on the head of Liaqat Ali P.W. With an iron rod stands attributed to the petitioner in the F.I.R. The F.I.R. Further shows that after giving a specific blow to Liaqat Ali P.W. On his head the petitioner had joined his co- accused in collectively belabouring the complainant and his father. It is not disputed that the eye- witnesses mentioned in the F.I.R., including two injured victims, have so far stood by their statements made before the police fully implicating the petitioner in the alleged offences and also that prima facie the medical evidence lends support to the allegations levelled against the petitioner in the F.I.R. Apparently the petitioner was directly connected with the motive set up in the F.I.R. During the investigation the weapon of offence had been recovered from the petitioner's possession. After having become convinced of the petitioner's involvement: in the alleged offences the local police have already submitted a challan against him.
3. It has vehemently been argued by the learned counsel for the petitioner that the offences involved in this case do not attract the prohibitory clause contained in subsection (1) of section 497, Cr.P.C. And grant of bail in such cases is a rule and its withholding is an exception. There is no cavil with the proposition advanced by the learned counsel for the petitioner in this respect but in the case in hand the parties are closely related to each other and the complainant and his father are both Advocates who had allegedly been assaulted upon by the petitioner and his co-accused when the complainant and his father were peacefully present inside their own house. This case, thus, prima facie appears to be a case of highhandedness displayed by the petitioner and his co- accused which impinges upon their claim to exercise of discretion by this Court in their favour in the matter of bail at this juncture. There is no universal principle that in cases where the prohibitory clause contained in subsection (1) of section 497, Cr.P.C. Is not attracted bail must necessarily be granted and a reference in this respect may be made to the cases of Imtiaz Ahmed and another v.
The State PLD 1997 SC 545, Tariq Bashir and 5 others v. The State PLD 1995 SC '34, Muhammad Siddique v. Imtiaz Begum and 2 others 2002 SCMR 442, Afzaal Ahmed v. The State 2003 SCMR 573 and Haji Muhammad Nazir and others v. The State 2008 SCMR 807. The petitioner had been arrested in connection with this case quite recently and in the peculiar circumstances of this case mentioned above I have not felt persuaded to release the petitioner on bail at such a stage. This petition is, therefore, dismissed.
4. Before parting with this order it may be clarified that the observations made in the present order shall always be treated as tentative in nature and the same shall not prejudice the learned trial Court in any manner.