' MUHAMMAD AHSAN BHOON, J.-Petitioners seek post-arrest bail in case F.I.R. No, 148 of 2007, dated 1-5-2007 offence under sections 337-A(ii), 337-L(b), 337-F(iii), 354, 379, 338-B, 148, 149 and 109, P.P.C.
Registered with Police Station, Garh, Tehsil Tandlianwala, District Faisalabad.
2. As per contents of the F.I.R., the allegation against petitioner, Allah Ditta is that he inflicted blow from the wrong side of hatchet hitting head of Fazil, injured P.W., whereas no role in the whole F.I.R.
Has been given to the petitioner Noor Muhammad. The injury attributed to petitioner Allah Dita falls within purview of section 337-A(ii) and punishment provided for the same is five years and he is behind the bars since 17-8-2007.
3. After hearing the learned counsel for the parties and going through the record, I have found that name of the offences mentioned in the F.I.R. Falls within prohibitory clause, coupled with the fact the Medical Board constituted for the re-examination of Mst. Rukhsana Bibi gave the opinion that it could not be relied upon that injured might have aborted after eight weeks. So the allegation levelled was found false in view of the opinion by the Board constituted by Medical Superintendent, DHQ Hospital, Faisalabad. Thus the applications of section 338-B, P.P.C. Also requires further inquiry at this stage. There is 13 persons named in the F.I.R. And the litigation is already pending between the parties. So the case of die petitioners fall within the ambit of subsection (2) of section 497, Cr.P.C.
4. For what has been discussed above, this petition is allowed and petitioners are granted post- arrest bail subject to their furnishing bail bonds in the sum of Rs,50,000 (Rupees fifty thousand only) each with one surety each in the like amount to the satisfaction of the learned trial Court.