Through this petition under Section 497, Cr.P.C., Ghulam Sarwar petitioner has sought bail after arrest in case FIR No, 88 of 2012, dated 19.2.2012, registered under Sections 324, 365, 511, 148, 149, PPC, at the Police Station Saddar Hasilpur, District Bahawalpur.
2. The learned counsel for the petitioner contends that the petitioner has been falsely involved in this case by the complainant by widening the net. He further submits that the petitioner is a first offender and he is aged about 70 years and it is not possible for such old person to commit this occurrence as narrated in the FIR. The petitioner has not repeated the fire and the fire of the petitioner is on the non-vital parts of thigh of Maqsood Ahmad injured PW. He further added that the injury attributed to the petitioner has been declared by the Doctor as 337-F(iii) and he is previous non convict. The recovery has been planted upon the petitioner to strengthen the prosecution case. He was arrest in this case on 26.3.2012 and since then he is behind the bars.
3. On the other hand, the learned Deputy Prosecutor General after going through the record contends that the petitioner is named in the FIR and specific role is attributed to him. There is no malice on the part of the complainant to falsely implicate the petitioner. The offence falls within the prohibitory clause of Section 497 of the, Cr.P.C. He further submits that he is the main accused and the accused party also repeated the offence as two years back they have abducted the same lady Mst. Allah Joai. Recovery has been effected from the present petitioner during the investigation, so he is not entitled for the concession of bail.
4. Arguments heard and record perused.
5. This is bail after arrest and only tentative assessment is required at this stage. The petitioner seems to be at the age of 70 years and injury attributed to him is on the thigh of the injured Maqsood Ahmad, which is a non-vital part. Admittedly the petitioner has not repeated the fire. The attraction of Section 324, PPC would be determined by the learned trial Court after recording of evidence. The petitioner is a first offender Investigation is complete and he is no more required for the purpose of investigation. He is behind the bars since 26.3.2012.
6. For what has been discussed above, the case of the petitioner becomes one of further inquiry in to his guilt covered by sub-section (2) of Section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to his furnishing bail bond in the sum of Rs, 1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the learned trial Court/Duty Magistrate.