2005 PLP 1644 (YLR)

Tahir Mehmood for Petitioner. Imran Khalid Amratsari for the Complainant. Muhammad Azam for the State. Khalid Eaiz, A.S.-I. with Record. Petitioner Muhammad Saeed has sought post-arrest bail in case F.I.R. No.2 of 2005 dated 2-1-2005 registered on the complaint of Muhammad Yousaf under section 324/34, P.P.C. at Police Station, Muzaffarabad District, Multan.

2. Briefly the allegation against petitioner as per prosecution story is that he while empty-handed raised Lalkara upon which co-accused Muhammad Sharif fired which hit Ghulam Hussain on lower side of his abdomen and resultantly he was injured.

3. Learned counsel for the petitioner submits that there is unexplained delay of one day in lodging the F.I.R. That the role attributed to petitioner is only of raising proverbial Lalkara. That investigation of the case has been completed and co-accused namely Mukhtar has been declared innocent while Muhammad Sharif co-accused has been arrested. That case against the petitioner is of further inquiry and no useful purpose can be served for keeping the petitioner in the judicial lock-up. Further submits that petitioner is suffering from contagious disease and his detention in jail is not only dangerous from him but also for the other convicts. He relies on "Muhammad Din v. The State" 1994 PCr.LJ 1081; "Wazir Ali v. The State'" 1994 PCr.LJ 726 and "Zakhim Khan Masood v. The State" 1998 SCMR 1065.

4. On the other hand learned counsel appearing on behalf of the State assisted by learned counsel for the complainant vehemently opposed the bail petition and submitted that petitioner has been attributed commanding Lalkara. That the disease of the petitioner involves only skin and not other organs and the Medical Board has also reported that there is no need for hospitalization of the petitioner.

5. I have heard learned counsel for the parties and carefully perused the record. Admittedly petitioner has not caused any injury to anyone as he was empty-handed and only Lalkara is attributed to him. There is unexplained delay of one day in lodging the F.I.R. The petitioner is behind the bars since 30-1-2005. Investigation is complete and no useful purpose would be served to put the petitioner behind the bars for an indefinite period. According to report of Medical Board, petitioner suffers from skin disease, which can also affect the other Convicts. In view of the attending circumstances instant petition is allowed and petitioner is admitted to bail in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of learned trial Court. H.B.T./M975/L Bail granted.