' MUHAMMAD AKHTAR SHABBIR, J.---The petitioner seeks post-arrest bail in case F.I.R. No,55 of 2005 registered under sections 324/148/149, P.P.C. With Police Station Factory Area, Lahore with the allegation that he along with others caused injuries to one Muhammad Razzak with his fire-arms.
2. Learned counsel for the petitioner argued that the petitioner is behind the bars for the last about 13 months and the injury attributed to him is not on the vital part of the injured person which shows that it was not the intention of the petitioner to kill the injured person; that the challan of the case has been sent to the Court and there is no likelihood of early conclusion of the trial of the case, thus, the petitioner is entitled to the concession of bail.
3. On the other hand, learned counsel for the complainant and the State have vehemently opposed the grant of bail to the petitioner contending that the petitioner remained fugitive from law for about two months and during that period he along with others attacked the house of the complainant and as a result of which, a subsequent F.I.R. Has also been recorded against him.
4. I have heard both sides and perused the record. A perusal of the medico-legal report indicates that allegedly the injury attributed to the petitioner is on the outer side of lower thigh of the injured.
Prima facie, I am of the view that he has no intention to fire on the vital part of the body of injured Muhammad Razzak for the purpose of launching murderous assault. Be that as it may, the challan of the case had been submitted in the Court, trial had commenced, accused-petitioner is in custody w.e.f, 25-5-2005 and no more required for further investigation by the police. No useful purposes would be served by keeping the petitioner in custody in such circumstances as laid down in case of Muhammad Umer reported as (PLD 2004 SC 477).
5. For the foregoing reasons and without prejudicing the merits of the case, the bail petition is accepted and petitioner shall be released on bail provided he furnishes bail bonds in the sum of Rs, 1,00,000 (rupees one lac) with one surety in the like amount to the satisfaction of learned trial Court/Illaqa/Judicial Magistrate concerned.