YARA Versus THE STATE

ORDER

Yara petitioner has moved this after-arrest bail petition in a case F.I.R. No.194/95, dated 29-7-1995 under section 337-A(ii)/34, P.P.C. registered at Police Station Chak Baidi, District Pakpattan on the complaint of Khan Muhammad.

2. Briefly the prosecution case is that on 25-7-1995 at 4 p.m. Yara petitioner armed with a hatchet caused injury from the wrong side of the hatchet on the head of Muhammad Bashir brother-in-law of the complainant. His -do-accused Sardara caused injury with Sota on person of Muhammad Bashir. The injured was medically examined and the challan was submitted under section 337-A(ii)/34, P.P.C.

3. The learned counsel for the petitioner contends that the petitioner is an old man of 68 years and was arrested on 28-8-1995 and was granted bail after arrest by Magistrate 1st Class on 13-9-1995 but the bail was cancelled by the learned Additional Sessions Judge on 12-10-1995 and since then the petitioner is in the judicial lock-up. He further submits that the offence under section 337-A (ii) is not punishable with 10 years or more.

4. Learned counsel for State submits that the petitioner is named in the F.I.R. and he has caused injury from wrong side of the hatchet on the head of Muhammad Bashir by which the bone was exposed.

5. I have heard learned counsel for the parties and have gone through the record

6. It is an admitted fact that offence under section 337-A(ii) does not fall within the prohibitory clause of section 497, Cr.P.C. and in such-like cases bail and not the jail is a rule. I do not see any extraordinary circumstance to justify the departure from the said rule. Learned counsel has relied upon 1993 SCMR 1994 in which in the similar circumstances the bail was granted for an offence under section 337-A(ii)/34, P.P.C. The petitioner is in the judicial lock-up and no more required for the purpose of further, investigation. This application is accepted and resultantly the petitioner is admitted to bail provided he furnishes bail bond in the sum of Rs.30,000 with one surety in the like amount to the I satisfaction of A.C./Duty Magistrate, Pakpattan Sharif.

N.H.Q./Y-22/L Bail granted.