Petitioner Bashir Ahmad through the instant petition has sought for post-arrest bail in case FIR No, 554 dated 15.11.2003 under Section 337- A(i)(iii)/337-F(I)/148/149 PPC Police Station Sadar Arifwala, District Pakpattan Sharif.
2. Briefly the prosecution case as per FIR is that on 4.11.2003 at about 8:00 a.m. Bashir Ahmad (petitioner) armed with sota, Pappu with Kassi, Sarwar with sota, Shamon with sota and Ghulam Farid empty handed, in prosecution of the common object of unlawful assembly formed by them have thrashed the complainant as well as his brother Abdul Sattar. They have caused them injuries with their respective weapons. One injury caused by the petitioner to Abdul Sattar at his nose has been declared as the fracture of his nasal bone.
3. The motive behind the occurrence is that 3/4 days prior to the same a quarrel had taken place between Bashir Ahmad and injured Abdul Sattar. On grudge over the same the accused have committed the said act.
4. After hearing the learned counsel for the parties and perusing the record, I find that there is at least 11 days delay in lodging the FIR. The medical examination of the complainant and injured had been conducted on 5.11.2003. It thus was on the next day of the alleged incident. The case but still was got registered after ten days of the same.
5. It has been noticed that in the FIR no explanation of such delay has been given. This delay has left room to entertain doubt qua the truth in the version of the complainant as contained in the FIR.
6. It may be mentioned here that it is settled proposition in law that benefit of every doubt, even at bail stage, is to be given to the accused. His case, therefore, requires further inquiry into his guilt.
The same, therefore, is covered under sub-section (2) of Section 497 Cr.P.C.
7. He statedly was arrested on 4.12.2003 and is behind the bars since then. He is also stated to be previous convict, which has not been controverted by the other side.
8. In these circumstances, I find that the case for his enlargement on ail has been made out. The petition, therefore, is accepted and he is admitted to bail subject to his furnishing bail bonds in the sum of s. 50,000/- (Rupees fifty thousand) with one surety in the like amount to he satisfaction of the learned Illaqa/Duty Magistrate.
9. It may be made clear that any observation made above shall not influence the mind of the learned trial Court in any manner.