RIAZ KAYANI, J.-- Muhammad Ansar has brought the instant application for bail in a case registered vide FIR No. 414 bn 8.9.1999 under Section 324 read with Sections 148/140;. PPC with Police Station, City Sargodha.
2. Allegation contained in the F.I..R. Authored by Naseem Akhtar is that on 8.9.1999 he alongwith his brothers Sohail Khan and Maqsood Khan had gone to see Maila being held at Company Bagh, Sargodha where Asghar Khan alongwith his brother Aziz Khan and others were also present and while witnessing the Maila a fight took place between his. Brother Sohail Khan and Asghar Khan in which Sohail Khan injured Asghar Khn. Later on in furtherance of his common intention he alongwith his co-accused attacked Sohail Khan and Maqsood Khan. Tariq fired with his pistol which hit Sohail Khan on his left thigh followed by fire-arm injury with his gun by the present petitioner hitting Sohail Khan on his left thigh on the front part who well in an injured condition on the ground.
3. Post arrest bail was declined by the Additional Sessions Judge, Sargodha on 23.6.2000.
4. Earlier the petitioner moved an application for post arrest bail bearing Criminal Miscellaneous No. 4958-B/2000 which was dismissed on 9.10.2000 on merits as well as on the ground that the trial was about to commence and the case was fixed for hearing for 9.10.2000.
5. Learned counsel appearing for the petitioner stated that counsel for the complainant in the earlier application had made misstatement about the commencement of the trial by drawing my attention to the complete order-sheet where even the charge has not been framed. On the other hand, learned counsel for the State has submitted that after dismissal of the bail application by this Court in Criminal Misc. No. 4958-B/2000," petitioner should have moved the Magistrate and then the Sessions Judge. On this simple ground petitioner is not entitled to consideration of his fresh application for bail unless he exhausts his remedy, Application is therefore, dismissed.