2017 P Cr (PLP)

ABDUL SAMI KHAN, J.

Through this petition under section 497, Cr.P.C. the petitioner has sought post-arrest bail in case FIR No.266/16, dated 02.12.2016 for the offences under sections 337-D, 34, P.P.C., Police Station Tarkhani, District Faisalabad.

2. I have heard the learned counsel for the parties and have gone through the record with their able assistance. This is bail after arrest and only tentative assessment is required at this stage. It has been noticed by this Court that there is an unexplained delay of fifteen days in registration of the FIR, which prima facie shows that the FIR has been got registered after due deliberation and consultation. As per contents of FIR, the petitioner has been assigned the role of causing "chhuri" blows on the persons of Khalid Mehmood complainant and his brother Zahid Mehmood, however, medico legal certificates of the injured witnesses reflect that the doctor, who has medically examined the injured persons has declared these injuries as "Jurah Jaifa" without probing the depth of injuries, therefore, the question as to whether injuries allegedly sustained by Khalid Mehmood complainant and his brother Zahid Mehmood injured fall under section 337-D, P.P.C. or some other section of P.P.C., shall be determined by the learned trial court after recording evidence. Even otherwise, it has come on the surface of record during the course of investigation that the petitioner was present at the spot while he was empty handed and he has not caused any injury to the complainant as well as the injured during the alleged incident, therefore, in view of the allegations contained in FIR and the facts emerged during the course of investigation, prima facie the case against the petitioner has become a case of two versions; one put forward by the complainant in FIR and the other came on record during investigation and which version is correct shall be determined by the leaned trial court after recording evidence. Reliance can easily be placed upon "Ehsan Ullah v. The State" (2012 SCMR 1137) and "Zaigham Ashraf v. State and others" (2016 SCMR 18). Admittedly the petitioner is previous non-convict; he is behind the bars since 04.01.2017 but his trial has not seen any fruitful progress as yet; investigation of this case is complete and he is no more required for the purposes of further investigation, therefore, his further incarceration in jail would not serve any useful purpose.

3. For what has been discussed above, the case against the petitioner calls for further inquiry into his guilt, covered section 497(2), Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds 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-53/L Bail grante