2005 PLP 1007 (MLD)

Criminal Miscellaneous No.765‑B of 2003, decided on 12th March 2003. ‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), Ss.337‑A(i), 337‑F(i), 337‑F(ii), 337‑L(2) & 34‑‑‑Bail, grant of ‑‑‑F.I.R. in the present case had been lodged with a delay of about seven days‑‑‑Offence under Ss. 337‑A(i), 337‑F(i) & 337‑L(2), P.P.C. were bailable and offence under S.337‑F(ii), P.P.C. contained a maximum sentence of three years imprisonment which did not attract prohibitory clause contained in subsection (1) of S. 497, Cr.P.C.‑‑‑School Leaving Certificate showed that age of accused was less than 16 years at the time of alleged occurrence‑‑‑Prima facie case against accused attracted provisions of first Proviso to subsection (1) of S. 497, Cr.P.C.‑‑‑Challan in the case had already been submitted after completion of investigation‑‑‑Continued custody of accused in jail, in circumstances was not likely to serve any beneficial purpose‑‑‑Accused was admitted to bail. Imran Asmat Chaudhry for Petitioner. Muhammad Azam Khan, A.S.‑I. with record. Through this petition Muhammad Ashiq alias Sohna petitioner has sought post‑arrest bail in case F.I.R. No.122 registered at Police Station Factory Area, District Faisalabad on 4‑3‑2002 of offences under sections.337‑A(i), 337-F(i), 337‑F(ii), 337‑L(2)/34, P.P.C.

2. After hearing the learned counsel for the parties and going through the record it has been noticed that the F.I.R. in this case had been lodged with a delay of about seven days. The offences under sections 337‑A(i), 337‑F(i) and 337‑L(2), P.P.C. are bailable and the offence under section 337‑F(ii) entails a maximum sentence of three years imprisonment which does not attract the prohibitory clause contained in subsection (1) of section 497, Cr.P.C. According to the School Leaving Certificate being relied upon by the petitioner his age was less than 16 years at the time of the alleged occurrence and, thus, prima facie the case against the petitioner attracts the provisions of the first proviso to subsection (1) of section 497, Cr.P.C. The challan in this case has already been submitted after completion of investigation and, thus, continued custody of the petitioner in jail in connection with this case is not likely to serve, any beneficial purpose at this stage. For all these reasons this petition is allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.30,000 (Rupees thirty thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court. H.B.T./M‑930/L Bail granted.