PLJ 2014 Cr.C. (Lahore) 271
[Multan Bench Multan]

Present: Muhammad Qasim Khan, J.

versus

Crl. Misc. No. 1271-B of 2013, decided on 5.4.2013.

Criminal Procedure Code, 1898 (V of 1898)--

----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 337-F(v), 337-A(iii), 148 & 149--Bail, grant of--Injury attributed to the petitioner was on the left ribs of the complainant with the help of sota which was covered by Section 337.F(v), PPC and maximum punishment of same was five years which does not fall within the ambit of prohibitory clause--Moreover, there was a delay of about 18 days in lodging the FIR without any explanation as the occurrence in this case and FIR was lodged--Petitioner was behind the bars investigation of the case was complete and he was no more required for the purpose of investigation and at this stage, there will be no useful purpose to keep him behind the bars before conclusion of trial. [P. 272] A

Ch. Muhammad Saeed, Advocate for Petitioner.

Mr. Muhammad Amjad Rafiq, DPG for State.

Date of hearing: 5.4.2013.

Order

Petitioner seeks post-arrest bail in case FIR No. 257/2011 registered under Sections 337-F(v), 337-A(iii), 148, 149, PPC at Police Station Rangpur, Muzaffargarh.

2. I have heard the learned counsel for the petitioner as well as learned DPG and perused the record.

3. As per FIR, injury attributed to the petitioner is on the left ribs of the complainant with the help of sota which is covered by Section 337-F(v), PPC and maximum punishment of same is five years which does not fall within the ambit of prohibitory clause. Moreover, there is a delay of about 18 days in lodging the FIR without any explanation as the occurrence in this case took place on 24.11.2011 and FIR was lodged on 13.12.2011. Petitioner is behind the bars since 01.10.2012, investigation of the case is complete and he is no more required for the purpose of investigation and at this stage, there will be no useful purpose to keep him behind the bars before conclusion of trial. Resultantly, I allow this petition and admit the petitioner to bail subject to furnishing bail bond in the sum of Rs. 1,00,000/-(one lac) with one surety in the like amount to the satisfaction of trial Court.

(A.S.) Bail granted