ABDUL REHMAN Versus State

ORDER

ABDUL SAMI KHAN, J.--- Through this petition under section 497, Cr.P.C. the petitioner has sought bail after arrest in case FIR No.411/16 dated 14.06.2016 under sections 337-F(vi), 337-A(ii), 337-L(2), 148, 149, P.P.C., registered at Police Station Shariqpura, District Sheikhupura.

2. I have heard the learned counsel for the parties and have gone through the record of this case with their able assistance. This is bail after arrest and deeper appreciation is not allowed at this stage. It has been noticed by this Court that although the petitioner is named in FIR, yet the fact remains that there is a delay of two days in registration of FIR, which has not been explained by the complainant, which prima facie shows that the FIR has been got registered after due deliberation and consultation. The present petitioner has been attributed "sota" blow on left arm of Nasir Abbas injured/complainant, which was declared by the doctor as 337-F(vi), P.P.C., which does not fall within prohibitory clause of section 497, Cr.P.C. Co-accused of the petitioner namely Abdul Hakeem, Muhammad Naveed Iqbal, Waheed, Wasim and Shahzad petitioners have already been granted pre-arrest bail by this Court vide order dated 08.08.2016, passed in Criminal Miscellaneous No.9276-B of 2016. Even otherwise, the medico legal certificate of Waheed injured from the petitioner's side is available on the file, which prima facie shows that he also sustained injuries during the incident, but this fact has been suppressed by the complainant in the FIR so the story narrated by the complainant in the FIR has become doubtful. In such situation, it is yet to be determined by the learned trial court after recording evidence as to which party is aggressor and which party has been aggressed upon in this case. Admittedly the petitioner is previous non-convict. He is behind the bars since 09.08.2016. Investigation of the case is complete and he is no more required for further investigation. His further incarceration in jail would not serve any useful purpose.

3. For what has been discussed above, the case of the petitioner becomes one of further inquiry covered by subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is granted bail after arrest subject to his furnishing bail bond in the sum of Rs.100,000/- (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the learned Trial Court.

4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.

WA/A-92/L Bail granted.