MUKHTAR Versus STATE

ORDER

Petitioner seeks bail in a case registered against him and others with Police Station Samundri, District Faisalabad, for an offence under section 337-A(ii)/337-A(v)/148/149, P.P.C., vide F.I.R. dated 29-7-1993. The case was got registered by Ulfat Hussain with the allegation that on 22-7-1993, Asghar Ali, who was their guest came and informed that at Wagons stand, wagons owner had an altercation with him. The same day the first informant with his guest Asghar Ali came to wagon stand to board a bus when the petitioner armed with iron bar with his co-accused also armed came there. Petitioner is alleged to have caused a blow on the left wrist of Asghar Ali. Co-accused of the petitioner also belaboured him.

It was contended by learned counsel for the petitioner that the occurrence took place on 22-7-1993 whereas the case was got registered on 29-7-1993. There is no explanation with regard to the delay of five days. Submitted that even if the prosecution allegation is accepted yet petitioner is alleged to have caused an injury on the non-vital part of the body which entitles him to the concession of bail. Contentions were opposed by learned counsel for the State.

2. I have heard the learned counsel and gone through the file. The case was got registered with an unexplained delay of five days. There is no explanation about the same. Investigation has been completed and the petitioner is not required for the said purpose. Petitioner did not try to take undue advantage and caused only one injury. No recovery is effected from the petitioner. In these circumstances petitioner is allowed bail, provided he furnishes security in the sum of Rs.25,000 (Rupees twenty-five thousand only), with two sureties, each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Samundari.

N.H.Q./A-625/1, Bail allowed.