ABDUL HAFEEZ CHEEMA, J.- The petitioner is an accused of offence under section 337-A(ii) PPC, vide FIR No. 159/95 registered at P.S. Kot Samaba, District Rahimyar Khan, at the instance of Bashir son of Ghulam Muhammad.
2. The back-ground of his involvement, briefly, is that on 21.7.1995, the complainant was mending the boundary of his fields when the petitioner, alonewith a few others, started abusing him. He too paid them in the same coin. The dispute took an ugly turn and the petitioner who was armed with Kassi inflicted blows on the forehead of the complainant.
3. The motive for the attack was earlier dispute between the parties over the use of rain water.
4. The petitioner was not allowed pre-arrest bail on the ground of. Gravity of injury No. 1 whereas pre-arrest to his associates was confirmed by the learned Sessions Judge.
5. He has applied for his bail before arrest in this Court, inter alia, on the grounds that the FIR was lodged with a delay of 8/9 hours and the story of the prosecution was intrinsically hollow and false; that the medical report showing exposure of the bone on account of injury No. 1 was false and that was why the complainant did not choose to appear before the Medical Board.
5. The application has been stoutly resisted by the State counsel contending that there was evidence on the record that on account of injury No. 1, the bone had been exposed, as such, this was obviously not a fit case for pre-arrest bail.
6. Arguments have been heard and record perused.
7. In view of the gravity of the injury and the fact that he was named in the FIR and was one of the principal accused armed with Kassi, this does not appear to be a fit case, at least, for grant of pre- arrest bail. The petitioner has not proved any malice which could have prompted the complainant to falsely implicate him. The petition is, therefore; dismissed.