1. ' Applicants seeks pre-arrest bail in Crime No,156 of 1999 of Police Station, Mehar registered under sections 337-F(v), 337-L(ii) and 504/34, P.P. C .
2. ' The matter was initially entered into daily diary, dated 5-8-1999 and on receipt of medical certificate a cognizable offence was found and case was registered.
3. ' The relevant facts of the case of prosecution are that complainant Muhammad Yousif had gone to Mehar on 5-8-1999 alongwith his son Ali Anwar and when they reached in front of Abbasi Hospital at about 12-00 hours, applicants Umer, Ali Mardan, Habibullah, and Gul Hassan having sticks accosted them. Applicants Umer and Ali Mardan were said to have inflicted Soti blows to P.W.
4. Anwar who started bleeding whereas son of Naban applicant Habibullah and. Gul Hassan caused Soti blows to complainant Muhammad Yousif. Meanwhile P.Ws. Mashoque and Ali Akbar came running, seeing them coming, applicants went away by hurling abuses. While complainant and his injured son were going to police station, applicant Muhammad Qasim met on the way and issued them the threats of 'dire consequences.
5. ' It is contended by applicant's counsel that case of applicants requires further enquiry as there is conflict in the Mashirnama of injuries and medical certificate. He next argued that complainant has lodged his case malafidely against them due to previous enmity as such they are entitled to the relief of grant of pre-arrest bail. In support of his contention, he relies upon 1984 SCM R 119.
6. ' Mr. Ali Azhar Tunio, A.A.-G. Opposes the grant of pre-arrest bail to the applicants as according to him the applicants have actually committed the offences and caused four injuries on the person of complainant Muhammad Yousif and three injuries on the person of P.W. Anwar. He further submitted that applicants have not been able to show the specific mala fide in the case. In support, he relies on 1978 SCM R 432.
7. The names of the applicants Umer, Ali Mardan, Habibullah and Gul Hassan are mentioned in the F.I.R. They have also participated in the offence and have caused Soti blows to complainant Muhammad Yousif and his son Ali Anwar resultantly in complainant has sustained four injuries whereas P.W. Anwar, has received three injuries. Injured Ali Anwar has received a contusion on left scapular region measuring 14 c.m. x 11.2 c.m. Which injury was reserved and was finally opined to have resulted in fracture and was declared to be Ghayr-Jaifah Hashimah punishable under section 337-F(v). Similarly injury No,2 on the person of complainant Muhammad Yousif was reserved and on its final opinion a fracture was found and the same was declared to be Ghayr- Jaifah Hashimah punishable under section 337-F(v).
8. Since the applicants Umar, Ali Mardan, Habibullah and Gul Hassan have allegedly caused serious injuries on head and other parts of the body of complainant and his son, as such they are not entitled to grant of pre-arrest bail. Applicants have failed to point out any particular mala fide either on the part of complainant or of the police. Irrespective of the above on query they disclosed that they have not joined the police investigation after grant of interim bail from this Court.
9. ' The case of Hidayatullah v. Abdul Hameed 1984 SCM R 119 referred by applicants counsel has no bearing on the case of applicants and is on different facts and circumstances. Whereas the case of Muhammad Shahbaz Khan and 2 others v. State 1978 SCM R 432 referred by learned A.A.-G. Is in conformity with the prosecution case. Accordingly, applicants Umer, Ali Mardan, Habibullah and Gul Hassan are not entitled to the grant of pre-arrest bail and bail application on their behalf is dismissed and their interim bail granted earlier is recalled.
10. ' So far the case of applicant Muhammad Qasim is concerned, it is distinguishable with the abovementioned applicants because he neither caused any injury to the injurds nor was present at the scene of offence, as such he is entitled to the relief of grant of pre-arrest bail, Accordingly his interim bail granted earlier is confirmed on the same terms and conditions.