MUHAMMAD AKBAR Versus STATE

ORDER

The petitioner is an accused in a case registered vide F.I.R. No.104, dated 26-5-1992 under sections 337-A and 354-A, P.P.C. read with section 13 of the West Pakistan Arms Ordinance, 1965, at Police Station Peoples Colony, Gujranwala.

2. The learned counsel for the petitioner and the State were heard at length. It has been confirmed on behalf of the State that the injury attributed to the petitioner is simple in nature and the punishment for the same is not hit by the prohibitory clause and as according to the F.I.R., the alleged victim was not stripped of her clothes, therefore, prima facie, the allegation under section 354-A, P.P.C, calls for further inquiry in accordance with the provisions of subsection (2) of section 497, Cr.P.C. In addition thereto, as the punishment for the offence under section 13 of the West Pakistan Arms Ordinance, 1965, is not hit by the prohibitory clause. The petitioner is no longer required by the police, he is neither a previous convict nor a hardened criminal and as he is in the judicial lock-up for almost 11 months, therefore, he is hereby allowed bail in the sum of Rs.30,000 with two sureties in the like amount to the satisfaction of the A.C./Duty Magistrate, Gujranwala.

N.H.Q./M-1177/L Bail allowed.