' TARIQ SHAMIM, J.-Through this petition, the petitioner seeks bail after arrest in case F.l.R. No,205 of 2005, dated 4-9-2005 for offence under section 337-D, P.P.C. Registered at Police Station Seetal Mari, District Multan.
2. Briefly the allegation against the petitioner is that on 23-8-2005 at about 7-00 p.m. When the complainant came out from her house, the petitioner gave a dagger blow on the belly of the complainant. On the hue and cry raised by the complainant, a number of persons of the village were attracted at the spot and the accused on seeing the said persons, escaped from the place of occurrence. The motive was stated to be the desire of the accused to marry the complainant who had refused his demand.
3. Learned counsel for the petitioner contended that there was a delay of 12 days in lodging of the F.I.R. Which shows that the possibility of the name of the petitioner being falsely involved could not be ruled out; that the medical in the instant case was conducted on 30-8-2005 i.e. After a lapse of about seven days of the occurrence which also reflected negatively on the prosecution case; that the injury attributed to the petitioner was minor in nature as was evident from the medico-legal report; that the offence under section 337-D, P.P.C. Was punishable with Arsh equal to 1/3 of Diyat amount hence the offence did not fall within the prohibitory clause of section 497, Cr.P.C. And the petitioner therefore was entitled to the concession of bail.
4. On the other hand, the learned counsel appearing on behalf of the State has contended that the petitioner had been named in the F.I.R, and specific role had been attributed to him of causing injury on the person of Mst. Kalsoom Bibi with a dagger; that the weapon of offence had been recovered from him; that the challan had been submitted on 22-10-2005 and the trial was likely to commence in the near future.
6. Arguments heard. Record perused.
7. There is a delay of twelve days in lodging of the F.I.R. Which shows that there was ample time for the complainant to deliberate. False involvement of the petitioner on account of dilatory F.I.R.
Cannot be ruled out. The injury alleged to have been inflicted by the petitioner on the person of the Mst. Kalsoom Bibi appears to be a minor injury from the medical report which reveals that the depth of the injury was not probed. In that case, it cannot be said that the injury extended to the body cavity of the trunk which is a prerequisite for the application of section 337-D, P.P.C. Profitable reference can be made to the case of Zulfiqar v. The State 1994 PCr.LJ 2285. Challan has been submitted on 22-10-2005 yet there is no progress in the trial. The petitioner cannot be allowed to remain behind the bars indefinitely.
8. Resultantly, the case of the petitioner being one of further inquiry, this petition is accepted and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of the trial Court.