MUHAMMAD AKRAM Versus State

ORDER

Petitioner seeks post-arrest bail in a case registered vide F.I.R. No.82 of 2003, dated 23-4-2003 registered under sections 302, 324, 337-A(ii), 337-L(ii), 452, 148, 149, P.P.C. at Police Station Kotwali, District Bahawalpur.

2. As per F.I.R., the petitioner and others armed with Sotas launched a criminal assault on the complainant party as a result of which complainant received injuries and Ali Hussain son of Muhammad Ali expired due to injuries sustained by him at the hands of other co-accused Muhammad Aslam.

3. Learned counsel for the petitioner vehemently argues that the petitioner has not been attributed any injury to the deceased even no overt act towards the commission of his death was alleged against the petitioner; that presently there is no evidence at all to establish that the petitioner shared any common intention with the other co-accused; that the injury attributed to the petitioner on the complainant falls either in section 337-A(i) or 337-A(ii), P.P.C., to which Prohibitory Clause of section 497, Cr.P.C. is not attracted. The said injuries have been declared as Shajjah-I-Khafifah; that the petitioner is behind the bars for the last almost six months and there is no progress in the trial; that even no motive has been attributed to the petitioner for participating in the alleged occurrence or injuring the complainant.

4. Though, the above submissions could not be controverted by the learned counsel for the State, yet, he opposes the bail on the ground that the petitioner has been nominated in a promptly lodged F.I.R.; that the challan has also been submitted to the learned Trial Court and a direction for early trial shall serve the ends of justice.

5. In view of the above un-controverted submissions made at the bar by the learned counsel for the petitioner, I am inclined to allow his petition. Resultantly, this petition is allowed by admitting the petitioner to post-arrest bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (Rs. One lac) with two sureties each in the like amount to the satisfaction of the learned Trial Court.

H.B.T./M-745/L Bail granted.