1. ' SALMAN ANSARI, J.---This bail application has been moved on behalf of applicant Rafiq son of Wassal Khan, who has been implicated in this case on lodging F.I.R. No, 289 of 2007 by the complainant Akhtar Hussain and a case under section 337-A(iii) Q and D, was lodged.
2. 'Briefly facts of the case being that on 1-6-2007, while the complainant was coming out of the mosque after offering prayers he was attacked by the accused persons and injured with some pointed object. He received injuries on his face. Applicant/accused was intercepted by Fazal, Sardar Hussain. Co-accused Sardar Hussain was granted bail by the III-Additional Sessions Judge, Karachi West, while the bail application of the applicant/ accused was rejected on the ground that the complainant had implicated Rafique, the applicant for causing him the injuries.
3. 'It has been argued by the learned counsel for the applicant/accused that the F.I.R. Has been lodged after delay of two months 13 days without any plausible explanation which makes this case one of further inquiry, no weapon has been recovered and the 161, Cr.P.C. Statements have been recorded on 14-8-2008 after great delay of the incident which renders such statements of no value. The punishment for injuries shows that the offence does not fall within the prohibitory clause of section 497, Cr.P.C. There is a family dispute between the parties and the complainant party has falsely implicated the applicant/accused due to such enmity.
4. Learned State Counsel has opposed the bail application. According to him the complainant has received injuries on his vital part being his face and has received three injuries, two of the injuries have been declared as Shujjah Khafifa and one Shujjah Hashamiah, for which 10 years' imprisonment is provided, hence the case falls within the prohibitory clause to section 497, Cr. P. C .
5. Having considered the arguments of the learned counsel in this case. There is a great delay in lodging of the F.I.R., which under the circumstances, cannot be overlooked and there is every likelihood that the complainant would resort to manipulation of the facts before lodging the F.I.R and even otherwise, I find delay in recording of the 161 Cr.P.C. Statements, which would make this case one of further inquiry. Offences for which the accused has been charged other than one injury which was declared as Shujjah Hashamiah for which punishment of 10 years as Tazir is provided but it is yet to be determined what was exact nature of the inquiry as no weapon has been recovered nor described in the F.I.R. Other than a "pointed thing" with which the complainant alleges he was struck with by the accused. Hence, in my opinion and in the light of above discussion, a case of further inquiry has been made out. Let, the applicant/accused Rafique be released on bail on his furnishing surety in the sum of Rs, 1,00,000 (Rupees One Lac) and P.R. Bond in the like amount to the satisfaction of the trial Court.