The petitioner seeks post-arrest bail in case FIR No, 286, registered with Polict Station Gaggo, District Vehari on 03.06.2008 for offences under Sections d37-F(iv)/34, PPC, mainly on the ground that the injured Mukhtar Ahmad despite summoning by the Medical Board constituted to re- examine the injury has tailed to appear with mala fide because the petitioner is innocent and has falsely been implicated in the case whereas his co-accused Shahid has already been enlarged on bail; that the role of the petitioner mentioned in the FIR was that of causing hatchet blow on the right hand of the victim which is on non-vital part of the body; that the offence does not fall within the prohibitory clause; that the petitioner is behind the bars for the last three months while the challan has been submitted before the trial Court and no purpose would be served to the prosecution to keep the petitioner in jail.
2. Learned counsel appearing on behalf of the State has opposed all the grounds by arguing that the offence in which the petitioner charged is punishable up to five years; that recovery has been effected; that the trial is in progress and that the petitioner has been held guilty, therefore, he is not entitled to be released on bail.
3. Heard. Since the injured Mukhtar Ahmad despite notices issued by the Medical Board has failed to appear for re-examination; the petitioner throughout claimed that the injury inflicted is caused by some other manner, however, it is on the non-vital part of the body. The petitioner is behind the bars for three months while the challan is submitted. Statedly, no progress rather has as yet not commenced, the petitioner till finality of trial if kept in jail would amount to punishment without trial.
The offence does not fall within the prohibitory clause of Section 497, Cr.P.C. The attending circumstances as put forth makes it a case of further inquiry, therefore, the petitioner is directed to be released on bail subject to furnishing bail bonds in the sum of Rs, 50,000/- (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.