' This petition is directed against order dated 30-4-2008, passed by learned Judge in Chambers of Lahore High Court, Multan Bench, Multan whereby, Criminal Miscellaneous No,24/CB of 2008 filed by complainant was allowed and bail granted to petitioner Umar Hayat was cancelled.
2. Precise allegation against the petitioner is that he fired 4-5 shots from his pistol on complainant, out of them, one fire hit on the left knee A of the complainant. The said injury comes within the ambit of section 337-F(v), P.P.C.
3. It is, inter alia, contended by learned counsel for the petitioner that said offence is punishable for five years and does not fall within prohibitory clause of section 497, Cr.P.C., as such, bail was rightly granted to petitioner by learned Additional Sessions Judge, Mian Channu, advancing cogent and sound reasons. According to him, petitioner was arrested on 15-11-2007, but till 30-1-2008 challan was not submitted as such his detention in custody was illegal.
4. On the other hand, learned Deputy Prosecutor-General, Punjab supported the impugned order and admitted that challan was not put up within prescribed period before the competent Court of law.
5. We have considered the contentions raised at Bar and after having gone through the orders passed by the Courts below are of the opinion that petitioner was rightly granted bail by the learned trial Court. The learned High Court while cancelling the bail has failed to observe whether bail granting order was arbitrary, capricious or fanciful.
6. In view of the above, petition is converted into appeal and is allowed. The impugned order of the learned High Court is set aside. Appellant, namely, Umar Hayat is granted bail subject to his furnishing surety in the sum of Rs,50,000 (Rupees fifty thousand only) with P.R. Bond in the like amount to the satisfaction of trial Court.