Faryad A.I petitioner has filed Criminal Miscellaneous No. 1400/B of 1995 and Criminal Miscellaneous No. 1174/13 of 1995 for the grant of bail after arrest being accused in case F.I.R. No. 66 of 1994 dated 7-4-1994 registered under section 337-A(II) /337-F(I)/34, P.P.C. With Police Station Zafarwal District Narowal and case F.I.R. No.267 of 1994 dated 9-11-1994 registered under section 337-A(I)/337- F(V)/148/149, P.P.C. With Police Station Zafarwal.
2. According to F.I.R. No.66 of 1994 Muhammad Suleman complainant alleged in his complaint that on 7-4-1994 at 9/10.00 a.m. He was present at Adda Sankhatra and was waiting for wagon and he received the information that Faryad A.I accused armed with hatchet and pistol, Sughran Bibi accused armed with Sota and Yaseen accused armed with .12 Bore gun were taking his nephew Aqeel alias Mithu in the bazar. The complainant rushed to the spot and saw that Faryad A.I gave a hatchet blow on the left side of head of his nephew Aqeel and also gave the second blow on his fingers of right hand as a result of which his nephew Aqeel fell down on the ground and then Sughran Bibi gave a Sota blow and Yaseen gave the butt blow of the gun to Aqeel P.W. As a result of which Aqeel received injuries on different parts of his body. The complainant raised alarm and Pervaiz and Muhammad Sain P.Ws. Were attracted to the spot and they rescued the injured from the clutches of the accused persons. While according to second F.I.R. The allegation against the petitioner is that on 6-12-1994 alongwith others caused injuries to Muhammad Shehbaz son of Ghulam Fatima complainant with rifle butts which resulted into fractures.
3. Learned counsel for the petitioner contended that the injuries attributed to the petitioner are simple in nature and there is unexplained delay of 8 hours in lodging the F.I.R. Further contended that the offences with which the petitioner has been charged do not fall in the prohibitory clause of section 497, Cr.P.C.
4. Learned counsel for the State as well as learned counsel for the complainant has opposed the bail petitions justifying the order passed by the learned Sessions Judge.
5. It is an admitted fact that the petitioner caused injuries to Aqeel Ahmad as well as to Muhammad Shahbaz with rifle butts which resulted into the fractures on both legs. Learned counsel for the petitioner was unable to rebut the plea taken by the learned counsel for the complainant that 21 cases stand registered against the petitioner. My learned brother Mr. Justice Mian Ghulam Ahmad (as his Lordship then was) while cancelling the bail petition vide order dated 15-11-1994 in Criminal Miscellaneous No.3809/B/C of 1994 has observed that Faryad A.I had acted in a criminal and cruel manner. He seems to be a desperate person and a hardened criminal. It is proved fact that the petitioner had impersonated before High Court which resulted in the withdrawal of the concession of pre-arrest bail to him. It is well-settled principle of law that law and Courts of law should help only those litigants whose claim is based upon honesty and when this thing lacks, relief gust be denied to him. The petitioner having a criminal record is not entitled to the concession of bail.
6. For all that has been discussed above, I find no good ground to exercise my discretion in favour of the petitioner. Resultantly both the bail applications are hereby dismissed.