' SYED SAJJAD HUSSAIN SHAH, J.--- Petitioners Muhammad Safdar and Muhammad Ansar through the instant petition have sought post-arrest bail in a case F.I.R. No,56, dated 9-2-2006 under sections 324/337-A(ii)/337-A(iv)/337-A(v)/34, P.P.C. Registered with Police Station Bhalwal, District Sargodha.
2. Learned counsel for the petitioners after arguing the case at some length, does not press this petition to the extent of petitioner No,1, Muhammad Safdar,
3. Dismissed as having not been pressed to the extent of Muhammad Safdar, petitioner No, 1.
4. Briefly the allegation against petitioner No,2, Muhammad Ansar is that he along with his co- accused inflicted brick blows on different parts of the body of Umar Farooq, injured P.W.
5. It is contended by the learned counsel for the petitioner that the instant F.I.R. Has been lodged with mala fide intention of the complainant as well as that of the local police. Section 324, P.P.C.
Does not attract in the petitioner's case. The injuries attributed to him are simple in nature. His co- accused has been allowed bail by the Illaqa Magistrate. His case calls for further inquiry into his guilt. The alleged recovery from him is false and fabricated. He is behind the bars and no more required for further investigation.
6. Conversely, learned counsel for the State opposed the instant petition.
7. Allegation against petitioner No,2 Muhammad Ansar is that he inflicted injury by throwing brick, which landed upon the head of Umar Farooq, injured P.W. The intention of the petitioner would be determined at the time of trial after recording evidence. Only by throwing a brick, it cannot be said with certainty that the intention of the petitioner was to commit the Qatl-e-Amd of injured P.W. The case of the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. He is behind the bars and no more required for further investigation. To keep him behind the bars for an indefinite period would not serve any useful purpose.
8. For what has been discussed above, this petition is allowed and petitioner No,2 Muhammad Anwar is admitted to bail, subject to his furnishing bail bonds in the sum of Rs,1,00,000 (Rupees one lac) with one surety in the like amount to the satisfaction of the trial Court.