MUHAMMAD SAEED Versus State

ORDER

KHAWAJA MUHAMMAD SHARIF, J.--- Learned counsel for the petitioner submits that in the offence under section 337-A(iii), P.P.C. the sentence is Arsh which is 10% of Diyat. He further submits that Part II of section 337-N, P.P.C., the conviction and sentence for imprisonment can only be awarded when it is proved that he is desperate and hardened criminal; that he is behind the bars for the last about 8/9 months and that case of petitioner is of further inquiry falling under section 497(ii), Cr. P. C.

2. On the other hand learned State Counsel submits that he is named in the F.I.R.; that charge has been framed and that offence falls within the prohibitory clause of section 497(i), Cr.P.C.

3. Learned Additional A.-G. concedes the submissions/contention of learned counsel for the petitioner that conviction and sentence of imprisonment under section 337-N(ii), P.P.C. cannot be awarded unless it is proved that accused was hardened and desperate criminal.

4. I have heard learned counsel for the parties. After having heard learned counsel for the parties I am of the opinion that in view of above statement of learned Addl. A.-G. case of petitioner is of further inquiry. Petitioner shall be released on bail subject to his furnishing bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of Deputy Registrar (J) of this Court.

H.B.T./M-153/L Bail granted.