Heard.
As a result of the Case bearing F.I.R. No,424 registered with Police Station Saddar Pakpattan Sharif, under section 337A(ii)/34 P.P.C., Sajid petitioner stands involved in the allegation that his co- accused held Muhammad Safdar in his Japha while he inflicted the blow with Killa (peg) made of wood on the head of Muhammad Safdar and thereafter the petitioner and his companions fled away from the spot. So, at the instance of Muhammad Akhtar the brother of the victim the above said case was registered.
2. Learned counsel for the petitioner argued that the alleged injury on the head attracts the provisions of section 337-A(ii), therefore, the offence does not fall within the prohibitory,clause of section 497. Cr.P.C. and that the petitioner did not repeat the blow therefore, it is a case of further inquiry and also that the petitioner is no more required by the police for any further investigation.
He has referred to the case reported in 1993 SCM R 1994 (S.C.) Allah Rakha alias Bodi and anothers v. The State in 1997 PCr.LJ 658 (Lahore) Yara v. The State in support of his arguments, which have been opposed by the learned State Counsel who submitted that the injury attributed to the petitioner was serious in nature, therefore, it is not a fit case for bail.
3. The Killa (peg) made of wood is used for tethering the cattle. Its one side is blunt and the other side is pointed and it is heavy in weight, therefore, the below on head with Killa, is out put may be death of the victim, therefore, the selection of seat of injury for causing of blow itself is an exception 'on basis of which the bail can be refused to the assailants. The learned trial Court has rightly rejected the bail of the petitioners.
4. As a consequence of it this petition being without merit is hereby dismissed.