MAZHAR IQBAL SIDHU, J.---Farooq Ali Akbar petitioner seeks after arrest bail in a case registered vide F.I.R. No,545 dated 26-9-2010 under sections 324, 365, 334, 109, P.P.C. at Police Station City Hasilpur District Bahawalpur.
2. Summarily the allegations levelled in the F.I.R. are that the petitioner caused a fire shot with repeater hitting on right leg of Bilal Hussain after abducting him who was medically examined and ultimately his leg was amputated by surgery during the treatment in order to save his life, during the investigation, police added the offences under section 201/34, P.P.C. in the F.I.R. Hence the case.
3. In support of this petition, learned counsel for the petitioner has orchestrated his arguments that F.I.R. lodged by the injured himself bearing No, 427 dated 23-7-2010 under sections 365, 324, P.P.C. at Police Station City Hasilpur District Bahawalpur wherein he alleged that one Nisar Ahmad fired with .12-bore gun hitting on his right leg and as per statement of the injured it is a case of two versions and it is yet to be seen after recording the prosecution evidence which one of them is correct. Learned counsel for the petitioner has further argued that petitioner has been arrested in this case on 11-11-2010; that false recovery of the crime weapon has been planted upon him, therefore, on the eve of accomplishment of investigation petitioner is entitled for the grant of bail.
4. Learned D.P.-G. has opposed the bail application on the ground that notwithstanding the petitioner was not named in the first F.I.R. but in the second F.I.R. he has been specifically named, principal role has been attributed to him and due to the injury, leg of the injured has been amputated and he has become crippled. Therefore, the offence under sections 334/324, P.P.C. fall within the ambit of prohibitory clause of section 497, Cr.P.C. It has been argued that the petitioner has also criminal antecedents. Learned D.P.G. has embellished his arguments by submitting that petitioner was declared Proclaimed Offender in this case and report under section 173 of the Cr.P.C. was prepared in light of the provisions of section 512, Cr.P.C. and that there is every likelihood that if he is released on bail, he shall again abscond, hence he being a mobster is not entitled for the concession of bail.
5. Heard. Record perused.
6. Petitioner has been specifically named in the second F.I.R. caused injury on right leg of the injured the same resulted in amputation of leg; offence under section 334, P.P.C. was added. Petitioner has criminal antecedents. During the investigation petitioner has been found guilty therefore, no case is made out for grant of bail, the same stands dismissed.