2009 PLP 2330 (YLR)

S. ALI HASSAN RIZVI, J.

Through this petition, Hakim Ali petitioner seeks bail after-arrest in case F.I.R. No.319/2007 dated 16-5-2007 for offences under sections 324/334/336/148/149, P.P.0 registered at Police Station Luddan, District Vehari.

2. Briefly, on 16-5-2007, the complainant Ghulam Yasin got lodged the F.I.R. that his father was irrigating land at 6-00 p.m. where co-accused and petitioner armed with various weapons have attacked on him. In the F.I.R, the petitioner was not attributed any injury on 21-5-2007. The supplementary statement of the complainant was recorded wherein role of the petitioner ' ascribed was that he has caused injury with his hatchet on arm of his father Allah Yar to take revenge for abduction of a lady from their house. Case was registered accordingly.

3. Learned counsel for the petitioner argued that in the F.I.R. recorded on the same day, the complainant has not ascribed any role of the petitioner and after 5/6 days, he changed his version and specified the injury on the body of his father Allah 'Yar to have been caused by the petitioner with hatchet on the forearm. Learned counsel read over the injuries Nos.3 and 4 although these are incised wound but the simple in nature. That the supplementary statement is recorded with due deliberation to attribute the role in order to widen the net whereas the petitioner is in jail for the last one year and five months. The challan has been submitted with no progress in the trial. In the light of his role has prayed for grant of bail.

4. Learned counsel for the State opposes all the grounds in the manner that challan has been submitted. That the injured has been made disable, as his leg has been, broken and face has been disfigured on account of cut of his nose. That the injured cannot participate in the routine work or to face the society.

5. Heard.

6. The role of the petitioner was not specific in the F.I.R. for causing of any injury. In the original F.I.R. he was nominated with role that he has participated with Sota but has caused no injury. After 5/6 days, the supplementary statement was recorded wherein he was ascribed role that the petitioner was armed with hatchet and has caused injury on the forearm of Allah Yar injured. The injury caused by him is simple in nature and it is to be determined by the, trial Court if the petitioner has caused any injury and participated in unlawful assembly. In one of the versions, he has not caused any injury while in the supplementary statement his role was ascribed to have caused injury with hatchet, which is simple in nature. These facts make out the case of further enquiry entitling the petitioner to release on bail subject to furnishing his bail bonds in the sum of Rs.1,00,000 (Rupees, one hundred thousand only) or with one surety in the like amount to the satisfaction of the trial Court. Petition is accepted accordingly. H.B.T./H-30/L Bail granted.