The petitioners, namely, Muhammad Sarfraz and Hashmi alias Hasham alias Hashmat Ali through this petition seek post-arrest bail in a case registered vide FIR No, 154/2010 dated 03.06.2010 under Sections 337-F(iii)/337-L(ii)/337-F(vi)/337-F(v)/148/149/109 PPC at Police Station Ghazi Abad, District Sahiwal.
2. As per FIR the prosecution story is that in the midnight between 1st and 2nd of June, 2010 at about 1.00 a.m., the complainant's nephew, namely Umar Hayat was going to irrigate the field through tube well and when he reached in Square No, 82 Killa No, 1, the petitioners and other co-accused, armed with iron rods, attacked the said nephew and injured him with their respective weapons.
3. Learned counsel for the petitioners contends that the petitioners have been nominated in the FIR, but nothing has been stated therein that which of the accused has caused what injury. There is unexplained delay of two days and the petitioners have been falsely implicated in the instant case.
The complainant is a resident of Chak No, 61/12-L whereas the offence has been committed in altogether different Chak which is Chak No, 21 and no justification has been given by the complainant for the presence of his nephew at odd hour in a different village. In fact, the said injured came to commit offence and was apprehended and was thrashed by the residents of the chak. Therefore, the petitioners are entitled to be released on bail.
3. On the other hand, learned ADPP, assisted by learned counsel for the complainant, has controverted the contentions of learned counsel for the petitioners and opposed the bail and has contended that weapons of offence have been recovered from the petitioners.
4. I have heard learned counsel for the parties and perused the available record with their assistance.
5. According to the opinion of the Investigating Officer, the said injured has illicit relation with a lady at Chak No, 21 and he used to visit there but was advised by the elders of that chak not to indulge in such like activity which he turned down. Moreover, the offences leveled against the petitioners do not fall within the prohibitory clause of Section 497 Cr.P.C. and they are behind the bar since 14.07.2010. The two co-accused namely, Idrees and Ajmal have been found innocent by the Investigating Officer which has made the petitioners' case that of further inquiry.
6. In view of the above the petitioners are entitled for post-arrest bail. Therefore, the petitioners, namely, Muhammad Sarfraz and Hashmi alias Hasham alias Hashmat Ali are admitted to bail subject to their furnishing bail bonds in the sum of Rs, 50,000/- (Rupees fifty thousand only) each with one surety each in ,the like amount to the satisfaction of learned trial Court, within fourteen days.