2011 PLP 1649 (YLR)

CH. IFTIKHAR HUSSAIN, J.

Petitioner Muhammad Awais through the instant petition has sought for post arrest bail in case F.I.R. No.97 registered under sections 337-F(v), 427 read with section 34, P.P.C. with Police Station D-Type Colony, Faisalabad on 27-2-2008.

2. Briefly the prosecution case as per the F.I.R. is that on 8-2-2008 at about 2-00 p.m. Sh. Irfan, Awais (petitioner), Shoaib, Faizan alias Tota having sotas have stopped the car of complainant Mehmood Hussain Rehmani and they forcibly got him alighted therefrom. Sh. Irfan inflicted him sota blow hitting on his left hand and as a result whereof his little finger was fractured. Shoaib gave him sota blow hitting on his left hand and as a result of the same middle finger of that hand was fractured. Awais (petitioner) inflicted him sota blow but he stepped backward and as a result whereof he did not sustain injury. Faizan gave blow with sota on the rear screen of his vehicle and a result of the same it was broken. Abdul Razzaq and Usman witnessed the occurrence and they rescued him. The motive behind the occurrence is hostility between the parties over election.

3. After hearing the learned counsel for the parties and perusing the record, I find that though he is named in the F.I.R. but no injury to the complainant is ascribed to him. The question of his sharing common intention would be determined at trial. Hence, from such an angle, his case definitely is one of further inquiry into his guilt and so, covered under subsection (2) of section 497, Cr.P.C.

4. The learned D.P.-G. has submitted that he has remained an absconder for quite sometime and so, has lost normal right to bail. I am afraid that this contention is not with force in his case as it is now very well settled proposition in criminal administration of justice that case of an accused, when may, otherwise, be found fit for bail, he then cannot be refused such relief merely for the reason of his alleged absconsion. In this regard, reference can be made to the case of Muhammad Riaz v. The State and another (2010 MLD 1063 Lahore), Saeed v. State and another 2008 PCr.LJ 726, Asghar Ali alias Kaloo v. The State (PLD 2008 Lahore 191) and Muzaffar Ali v. The State 2007 YLR 2579.

5. He is stated to be behind the bars for the last about three months and a previous non-convict, which has not been controverted by the other side.

6. In these circumstances of the case, I have been persuaded to hold that case for his enlargement on bail has been made out.

7. I, therefore, accept this petition and admit him to bail subject to his furnishing bail bonds in the sum of Rs.5,00,000 (Rupees five lacs only) with two sureties each in the like amount to the satisfaction of the learned trial Court. N.H.Q./M-94/L Bail allowed.