TARIQ JAVED, J. - The petitioner has sought post arrest bail in case F.I.R. No. 168, dated 5.8.2010, registered under Sections 337-F(vi)/337-L(ii)/148/149, PPC at Police Station Quaidabad, District Khushab.
2. The allegation against the petitioner is that he alongwith his co-accused while armed with 'dandas' caused injuries on the person of the complainant.
3. It is contended that the petitioner has falsely been involved into the case; that injury alleged to have been inflicted by the petitioner does not fall within the prohibitory clause; that the punishment for the alleged offence is Arsh and daman and yet he is behind the bar since his arrest; that whole of the family of the petitioner is involved into the case; that the investigation has been completed and no recovery has been effected from the petitioner, hence the case against .The petitioner is one of further enquiry and he is entitled to the concession of bail.
4. On the other hand, learned DPP assisted by the learned counsel for the complainant has vehemently opposed the grant of bail on the grounds that the petitioner has committed an offence under Section 337-F(vi), PPC, which is punishable with seven years' imprisonment; that the ocular account as narrated in the F.I.R. Is supported by the independent witnesses; that the challan has been submitted and the trial has commenced, however due to the conduct of the petitioner the trial is not proceeding. Hence, he is not entitled to the concession bail.
5. Heard. Record perused.
6. It appears that some dispute with regard to the land exists between the parties. The petitioner is alleged to have assaulted the complainant due to the said dispute.. Although the offence allegedly having been committed by the petitioner is punishable with imprisonment seven years yet it does not fall within the prohibitory clause. Since the challan has already been submitted and the trial has commenced, the learned Trial Court is directed to conclude the trial expeditiously, preferably within a period of two months. Hence, it would be in the interest of justice to admit the petitioner on bail on his furnishing two sureties in the sum of Rs. 50,000/- (Rupees fifty thousand only) each in the like amount each to the satisfaction of the learned Trial Court.
7. However, if the trial is delayed due to the conduct of the petitioner, the complainant shall have a right to move for cancellation of the bail after expiry of two months.