Ali Sher, petitioner, through this petition, seeks post arrest bail in case FIR No, 15 dated 14.01.2008, offence under Sections 458/324 PPC registered at Police Station, Saddar Kabirwala District Khanewal.
2. Briefly allegation against the petitioner is of lurking house trespass and launching of murderous assault by transgression into the house to the complainant's sister.
3. Heard. Record perused.
4. Admittedly the petitioner was arrested in this case on 26.05.2008 and is behind the bars for the last about nine months. There is nothing on record that any valuable articles were taken away by the petitioner or of his co-accused. Weapon of offence pistol has already been recovered from the petitioner. Investigation in the case is complete. The learned counsel for the complainant states that prosecution has produced evidence but could not be recorded due to non-availability of defence counsel. In my view the injury attributed to the petitioner is on non-vital part of the body of the injured and application of Section 324 PPC requires further inquiry. Case of the petitioner squarely falls within the purview of sub-section (2) of Section 497 Cr.P.0 Reliance can be had to PLD 2004 SC-477.
5. For what had been discussed above, this petition is allowed and petitioner is admitted to bail provided he furnishes bail bonds in the sum of Rs, 1,00,000/- with one surety in the like amount to the satisfaction of the learned trial Court.