' Muhammad Yousaf petitioner being accused in case F.I.R. No,660/94, dated 9-11-1994 registered under section 324/452/34, P.P.C. With Police Station, Civil Lines, Gujrat seeks post-arrest bail through this petition under section 497, Cr.P.C.
2. According to F.I.R., the complainant was sleeping in his house and at about 1-40 p.m., three armed persons after climbing the wall of his house and thereafter entered in the room, where the sister of the complainant alongwith her brothers, namely, Amjad and Habib Ullah were sleeping. On hearing the noise, the complainant was awakened and went to that room, there he saw three persons, one of them was armed with dagger while the others were armed with pistols. All of the three were busy in talking with his sister and pushing her brothers out of the room. On this the complainant asked to talk to him as they had nothing to do with his sister. Upon this, they got fruited one of them fired which hit on his left arm and other fire caused injury on his right arm.
3. Learned counsel for the petitioner contended that the name of the petitioner is not mentioned in the F.I.R. And police has mala fide against him and wants to involve in a false case. Further, contended that the F.I.R. Has been lodged with a delay of about more than 12 hours and that petitioner's case is one of further inquiry.
4. Learned counsel for the State opposed the bail application.
5. I have heard the arguments of learned counsel for the parties and have perused the record with their able assistance. Serious allegations have been levelled against the petitioner as he committed an heinous offence during night hours by awakening the members of the inmates of the house and tried alongwith others to rob and ravish the modesty of a female, young girl. The petitioner was armed with a pistol which has been recovered from him which too is sufficient to connect the petitioner with the crime. One of the co-accused, namely Jabar is proclaimed offender and learned counsel was unable to show any malice on the part of the police. The trial has been commenced and the charge against the petitioner has been framed by the trial Court. I am not minded to exercise my discretion in favour of the petitioner. Resultantly the petition is hereby dismissed.