Through instant petition, petitioner-Muhammad Zubair alias Manham seeks post arrest bail in case FIR No, 481/2011, dated 24.11.2011 registered under Section 324, 337-F(ii), PPC at Police Station Faqir Wali District Bahawalnagar.
2. Allegation against the petitioner is that he while armed with .30 bore pistol with intent to kill the complainant made murderous assault upon her and fire shots made by him landed on her left and right thighs and left arm and she hardly saved her life.
3. It has been argued on behalf of the petitioner that the petitioner has been falsely roped in this case due to mala fide of the complainant as well as local police; that no recovery has been effected from the petitioner; that the offence under Section 324, PPC is not made out while the remaining offence under Section 337-F(ii), PPC does not fall within the ambit of prohibitory clause of Section 497(1) Cr.P.C; that the petitioner, is previously non-convict; that the petitioner is behind the bars since 08.02.2012 without any progress in the trial; hence, he is entitled to concession of bail.
4. Conversely, learned Deputy prosecutor General assisted by learned counsel for the complainant contended that the petitioner is nominated in the FIR with specific role; that he has committed heinous offence, hence, he is not entitled to concession as prayed for.
5. Arguments heard. Record perused.
6. Perusal of file reveals that the complainant received four injuries which are neither on vital parts of the body nor dangerous to life and also do not fall within the ambit of prohibitory clause. So far as application of offence under Section 324, PPC is concerned, it would be seen at the time of trial after recording of evidence. Enmity between the parties is admitted as earlier the complainant lodged the FIR against the petitioner side. The petitioner is behind the bars since 08.02.2012 without commencement of trial as report under Section 173, Cr.P.C. has not been submitted to the Court of competent jurisdiction so keeping the petitioner behind the bars for an indefinite period would not serve any useful purpose to the prosecution.
7. For the reasons enumerated above, as case against the petitioner comes within the ambit of further inquiry falling under Section 497(2), Cr.P.C. therefore, instant petition is accepted and the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs, 100,000/- (rupees one lac only) with one surety in the like amount to the satisfaction of learned trial Court.