' SYED ZULFIQAR ALI BOKHARI, J.---This is a petition for grant of post-arrest bail in case F.I.R.
No,667/2006 dated 24-12-2006 under sections 324, 427, 337-F3/109/148/149 P.P.C. Police Station Peoples Colony, Gujranwala.
2. Allegation against the petitioner is that he being member of unlawful assembly gave Butt blow of rifle which hit on the right leg of Ijaz Ahmad.
3. Counsel for the petitioner contends that the petitioner in above said case was arrested on 22-7-2007 but trial has not been commenced. He further submits that there is conflict between the medical evidence and ocular account which prima facie reveals from the medical report. He submits that injury attributed to the petitioner falls under section 337-F3 which does not fall within the prohibitory clause of section 497, Cr.P.C.
4. On the other hand D.P.G. Opposed grant of bail to the petitioner on the ground that the petitioner was nominated in the F.I.R. With specific role. He caused fracture in the right leg of Ijaz Ahmad, injured P.W. Rifle was recovered from him. He submits that petitioner remained fugitive of law for more than six months. Challan against the petitioner was submitted on 10-8-2007. He prayed for dismissal of bail application.
5. I have heard counsel for the parties and perused the record. Occurrence was taken place within heart of city during the darkness of night but case was reported to the police with delay of one day.
There was no plausible explanation by the complainant for lodging of F.I.R. With delay of one day when the distance of place of occurrence from the police station was 2 1/2 kilo meters. Injury attributed to the petitioner does not fall within the prohibitory clause of section 497, Cr.P.C.
Petitioner is previous non-convict. Petitioner remained fugitive from law for six months but now he is behind the bars since more than two years. Challan was submitted on 10-3-2007 but trial has not commenced even after more than two years of his arrest. Every accused is innocent until his guilt is established,' after the trial, beyond any shadow of reasonable doubt. The bail of an accused cannot be withheld as punishment before his conviction.
6. For what has been discussed above this petition is allowed and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of A Rs,1,00,000 (rupees one lac) with one surety in the like amount to the satisfaction of the trial Court.