' A case under section 324/34, P.P.C. Is registered against the petitioner and others at Police Station "A" Division, Kasur vide F.I.R. No,113 of 1999, dated 6-3-1999 for an occurrence which took place on the same day. According to the F.I.R., the petitioner while armed with a mauzzar fired at the complainant twice, first on the right ankle and second on the left ankle which went through and through. The petitioner applied for bail before arrest in the Court of the learned Additional Sessions Judge, Kasur, but did not appear when the case was called out for hearing on 25-3-1999. As such, the petition was dismissed for non-prosecution.
2. It is contended by the learned counsel for the petitioner that the petitioner could not appear in the Court of the learned Additional Sessions Judge. Kasur because the Court was surrounded by the complainant and his "Goondas", whereby, he apprehended danger to his life for which he was unable to attend the Court.
3. I have considered the above grounds and find that it is hardly a sufficient reason to prevent the petitioner to appear in the Court below when he I was admittedly granted pre-arrest bail and as such, he could invoke the aid of the Court for his appearance even if somebody had surrounded the Court premises. Apart from the above, I have considered the merits of the petitioner to find out whether or not, the petitioner has a case fit for grant of pre-arrest bail. In this connection, the perusal of the F.I.R. Clearly showed that he was named therein and had fired twice hitting the complainant on his both ankles. As such, there being no mala fide on the part of the police or the complainant, the petitioner has no case for pre-arrest bail and the investigation in such like cases should be allowed to take its usual course. Needless to say that weapon of offence is yet to be recovered from the petitioner, who has not so far appeared before the police. This petition is accordingly dismissed in limited.
Criminal Miscellaneous No,1 of 1999
4. Disposed of with the disposal of the main petition.
Pre-arrest .