Manzoor Ahmed, the petitioner, by submitting this application has sought the concession of post- arrest bail in case F.I.R No, 371/2008, dated 5-9-2008, registered at Police Station Dera Rahim, District Sahiwal, in respect of the offences under Sections 337-F(v), 337-F(iii), 337-A(ii), 337-F(i), 337-A(i), 337-L(2), 148 and 149, P.P.C.
2. Precise allegation against the petitioner as per the contents of the F.I.R is giving a hatchet blow on the head of Mst Fatima Bibi, injured PW besides giving a blow on her hand with the wrong side of his hatchet.
3. Heard. Record perused.
4. According to the petitioner in the same occurrence two people including a lady from the accused side also received injuries at the hands of the complainant-party. Admittedly, the said injured people were also medically examined on the day of occurrence. According to Medico-Legal Certificate Afran, a co-accused of the petitioner had received a fire-arm injury as well. Admittedly, the injuries suffered by said Afran and Mst. Waziran Bibi were suppressed by the complainant side while lodging the F.I.R. It is true that the cross-version lodged by the accused party was found to be false, however, on the complaint filed by the petitioner's party the accused named therein have already been summoned by the learned trial Court to face the trial vide order dated 16-12-2008.
5. In these circumstances it is yet to be determined as to which of the parties was aggressor and which party was aggressed upon. Besides it, none of the offences allegedly committed by the petitioner falls within the prohibitory clause of Section 497, Cr.P.C. Moreover, the petitioner has been facing incarceration since 4-1-2009. The investigation has already been completed, therefore, no useful purpose would be served by detaining the petitioner in jail any more.
6. Consequently, while relying upon the cases of Shoaib Mehmood Butt u. Iftikhar-ul-Haq and 3 others (1996 SCM R 1845) and Tariq Bashir and 5 others u. The, State (PLD 1995 SC 34), the application in hand is accepted and the petitioner is allowed the concession of post-arrest bail, subject to his furnishing bail bonds in a sum of Rs, 1,00,000/- (rupees one hundred thousand) with one surety in the like amount to the satisfaction of the learned trial Court.