1. Petitioner seeks post arrest bail in case FIR No, 273 of 2005 dated 2.7.2005 under Sections 33-F(5), 337-F(1), 337-F(2)/148/149 PPC registered at Police Station Yousaf Wala District Sahiwal.
2. 2.Brief facts of the case are that petitioner alongwith four others variously armed attacked the complainant side and caused injuries with their respective weapons.
3. 3.It is contended that there is a delay of three days in the registration of the case; that it is a case of two versions and the injuries on the person of the accused persons have been suppressed; that in a complaint filed by Mst. Musarrat mother of the petitioner, complainant party have been summoned by the learned Magistrate vide order dated 8.10.2005; that the offences against the petitioner do not fall within the prohibitory Clause of Section 497 Cr.P.C.; that the petitioner is behind the bar since 21.7.2005; that he is no more required by the police for any further investigation. It is also argued that Muhammad Saleem and Shahid co-accused have already been released on bail by the learned ASJ.
4. 4.On the other hand, learned counsel for complainant contends that weapon of offence () has been recovered from the petitioner; that two direct injuries are attributed to the petitioner; that petitioner's cross-version was recorded by the police but was not believed and was repelled during investigation; that the petitioner is named in the FIR with a specific role; that although the case does not fall within the prohibitory clause but in view of 2005 SCM R 1402 in the case which does not fall within the prohibitory clause, bail should not be granted as a matter of rule.
5. 5.I have considered the arguments of the learned counsel for the parties.
6. The case is one of two versions. Complainant's side has already been summoned ummoned by the learned Magistrate after having considered the prima facie evidence led by the petitioner's side. The offences with which the petitioner is charged do not fall within the prohibitory clause of Section 497 Cr.P.C. He is behind the bar since 21.7.2005. Investigation of the case is almost complete. Person of the petitioner is no more required by the police. Injuries sustained by the accused persons have not been, disclosed in the FIR. There is a delay of 3 days in the registration of the case without there being any explanation. For all these reason I am inclined to allow this application. Resultantly, petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs, 50,000/- with two sureties each in the like amount to the satisfaction of learned trial Court/Illaqa Magistrate.