' A case under sections 337-A(i), 337-F(i), 324, 148, 149, 171, P.P.C. Is registered against the petitioner and others. According to the F.I.R. The petitioner gave Churra blow on the left side of the chest the victim namely Faqir Hussain. The latter fell down, whereupon the other co-accused gave Sota blows to the victim.
2. The learned counsel for the petitioner has submitted that there is delay in lodging the F.I.R. For two days; that the petitioner was arrested on 29-8-1999 and is behind the bars since then; that petitioner had given a solitary injury to the victim, which will show that he had no intention to kill him. It was, therefore, prayed that the petitioner has a case of further inquiry.
3. The learned counsel for the State has opposed the bail petition on the ground that he petitioner plunged Churn into the chest of the victim and as such attacked the vital part of his body showing his intention that prima facie he wanted to kill him; that weapon of offence lias already been recovered and the petitioner has been found guilty during investigation and is being sent up to face the trial.
4. I have considered the foregoing submissions and find that petitioner along others being heavily armed were sitting in ambush to attack the victim. As soon as the victim reached near them, petitioner gave Churri blow to the victim on the left side of is his chest whereupon he fell down and was thereafter, attacked by the other accused with their Sotas. The medico-legal report shows at a sharp-edged injury was inflicted on the left front of the chest, lower part. The patient as in shock, his skin was cold, his pulse was feeble and B.P. Was not recordable. The pocket from the West Surgical Unit, Mayo hospital, Lahore shows that victim was 20 years old and Thoracotomy with cardiac repair was performed which showed that patient had received serious stab injury in the cardiac region.
5. In view of the above, the petitioner has no case for bail at this stage and his bail petition is dismissed accordingly.