' MUHAMMAD MUZAMMAL KHAN, J.---Petitioner was refused bail before arrest by the learned Additional Sessions Judge, in case vide P.I.R. No.225, dated 3-5-2006, under sections 337-A(ii), 337- F(i)/34, P.P.C. Registered with Police Station, Saddar Pattoki. The petitioner, thereafter, moved instant petition for the same relief and he was conferred ad interim pre-arrest bail on 26-6-2006, which has now been placed for confirmation.
2. Gravamen of the charge, as it appears from the F.I.R., is that on 30-4-2006 at 1-00 p.m. Petitioner along with his son Shahzad while armed with a "Sota" assaulted and inflicted "Sota" blow on the backside of the head of the complainant. Petitioner also gave a fist blow on left shoulder of the complainant whereafter both the assailants inflicted injuries on his different'parts of the body.
2A. I have heard the learned counsel for the parties and have examined the police record. Though bail was opposed with the arguments that the petitioner has been named in the F.I.R. With attribution of specific role yet the Investigating Officer reported that the petitioner was present at the place of occurrence but was empty handed. As per Medico-legal Report, the only injury attributed to the petitioner is with fist blow on the left shoulder of the complainant which invites offence under section 337-F(i), P.P.C., punishable with one Year of sentence. The petitioner besides being old man, has already joined the police investigation and according to the Investigating Officer, his person is no more needed, as nothing is to be recovered from him. The petitioner has no criminal history A to his credit and he hails from an ordinary agriculturist family of the area offence charged is not covered by prohibitory clause of section 497, Cr.P.C. And in absence of any allegation of his abscondance or tampering with the prosecution evidence, bail is not to be withheld as of punishment. Aggression by the petitioner is yet to- be determined at the time of trial, which makes his case that of further inquiry. The petitioner will face the sentence if ultimately convicted by the trial Court.
3. For the reasons noted above, petitioner has made ' out a case for confirmation of his bail already granted to him by this Court. This petition is accordingly accepted and, petitioner's ad interim bail granted on 26-6-2006 is confirmed, pending trial of case against him,.