MUHAMMAD ISLAM BHATTI, J.- Record perused. The petitioner is a nominated accused in case F.I.R.
No.242/97 under Section 324 PPC registered at Police Station City Mianwali on 23.7.1997 and the allegation against him was that on the said date at about 10.45 p.m. He while armed with 12 bore gun made a straight lire at one Hayatullah a son of the complainant in Mohallah Miana Mianwali, which hit him on the right side of his right eye, right side of his head and the right cheek receiving which injuries Hayat Ullah fell down and the petitioner allegedly fled away from the place of occurrence. He moved an application before the competent Court which was rejected. He then approached the Sessions Court but without any success and his bail application was dismissed by the learned Additional Sessions Judge on 31.10.1998. He has come to this Court.
2. The bail has been sought inter alia on the grounds (i) that he has been behind the bars for the last about fourteen months ever since 21.8.1997 and is entitled to the concession of bail, as of right, on statutory ground; (ii) that the provisions of Section 324 PPC are not attracted in view of the injuries received by Hayat Ullah; and (iii) that the Medico Legal Certificate obtained privately is doubtful import.
3. The A.S.I, states that the petitioner has as many as six criminal cases to his discredit in some of which he was convicted to various terms of imprisonment.
4. The learned counsel for the petitioner has besides repeating his assertions in the petition maintained that the petitioner cannot be termed as hardened criminal and that he is entitled to the concession of bail.
5. The learned counsel for the State has opposed the bail petition.
6. After taking into consideration the fact that the petitioner is involved in as many as six criminal cases out of which in some of them conviction was also recorded. I am of the opinion that he is a habitual offender and he is not entitled to the concession of bail. Even otherwise the offence under Section 324 PPC falls within the prohibitory clause. The bail petition is dismissed.