Mudasir Jamal son of Jamal Din, :petitioner seeks post-arrest bail in case FIR No,269/2008 dated 02.08.2008 registered at Police Station Saddar Jalalpur Pir Wala District Multan, for offences under Sections 337-F(v), 354, 452, 506, 34 PPC.
2. The petitioner is alleged to have caused blunt weapon injury at left wrist of injured PW Muhammad Siddique. It is inter alia contended that the petitioner is innocent and has been involved in the case in hand with malafide intentions and for ulterior motives in connivance with the local police; that there is a delay of six days in lodging the FIR; he was medically examined after twelve hours of the occurrence and there is no explanation for the delay. Further submits that co- accused namely Musharaf Jamal, has already been allowed bail by the learned lower Court; he is no more required for the investigation purposes and that guilt can only be determined during the course of trial.
3. Conversely the learned Deputy Prosecutor General opposes this petition and refers to para five of the impugned order dated 26.03.2009, passed by the learned Additional Sessions Judge and submits that recovery of weapon of offence, iron rod, has been effected from, him and that the offence alleged against is punishable for rigorous imprisonment for five years.
4. Arguments heard. Record perused.
5. There is unexplained delay of six days in lodging the FIR. The injury caused is on the non-vital part of the body. He is behind the bars for the last three months. The offence alleged against him does not fall within the prohibitory clause of Section 497 Cr.P.C. After hearing the learned counsel for the parties and perusal of record, I am of the considered view that the petitioner has made out a case of further inquiry within the ambit of Proviso to Section 497 Cr.P.C.
6. In view of above this petition is allowed, the petitioner is admitted to post-arrest bail subject to his furnishing bail bond in the sum of Rs,2,00,000/- (two lac) with one surety in the like amount to the satisfaction of the learned trial Court. It is hereby clarified that in case of misuse of this bail by the petitioner, the Learned trial Court shall at liberty to recall the same.
7. With these observations this petition stands disposed of.