ABDUL KARIM Versus STATE

ORDER

Abdul Karim petitioner with seven others is accused of offence under section 148, P. P. C., section 325 read with section 149, P. P. C. for having caused simple injuries to Ghulam Muhammad and a grievous hurt :o Sher Muhammad P. Ws. on 13th April, 1983.

2. The petitioner was arrested on 17th May, 1983. His seven co accused have already been released on pre-arrest bail by the Sessions Judge, Muzaffargarh. The petitioner was declined the relief of bail for he was attributed the grievous hurt found on the person of Sher Muhammad involving the fracture of his left forearm. Noor Muhammad A.S.I. states that the challan is still under scrutiny by the prosecuting agency and, therefore, the trial of the petitioner has not so far commenced.

3. Having considered the submissions of the learned counsel for both the parties, I find that the petitioner is in jail without trial for the last two months and the offence with which he is charged does not fall within prohibitory clause of section 497, Cr. P. C. In these circum stances, I am inclined to allow this petition. The petitioner is directed t be released on bail subject to his furnishing bond in the sum of Rs. 5,00 (Rupees five thousand only) with one surety in the like amount to the satisfaction of the A.C./Duty Magistrate, Muzaffargarh.

M. Y. H. Bail granted.