Petitioner (Zawar Hussain) seeks post arrest bail in case FIR No, 2/2008 dated 2.1.2008 under Sections 337-F(v), 337-F(i), 452, 34 PPC P.S City Alipur, District Muzaffargarh.
2. Allegation against the petitioner is that he along with co-accused went to the house of the complainant and caused injuries to Mst. Amir Mai mother of the complainant with butt of his gun, while standing outside the house of the complainant.
3. Learned counsel contends that petitioner has been falsely involved in the case and that even otherwise, the injuries sustained by Mst. Amir Mai have been declared Ghair Jaifa Khafifa and only one injury is Jurrah Munaqila. It is lastly argued that petitioner is behind the bars since 16.12.2008 and the offences do not fall within prohibitory clause.
4. Learned counsel for the state has opposed the bail application on the ground that petitioner is nominated in the FIR with a specific role.
5. Heard. Record perused.
6. No doubt the petitioner is nominated in the FIR but except one injury, all the other have been declared Ghair Jaifa Khafifa. The offences with which the petitioner is being charged do not fall within prohibitory clause of Section 497 Cr.P.C., whereas, petitioner is languishing in jail since 16.12,2008, without any substantial progress in the trial. In these circumstances, I am inclined to allow this petition, as such, petitioner is admitted to bail on furnishing bail bond in the sum of Rs,2,00,000/- with one surety in the like amount to the satisfaction of learned trial Court.