Muhammad Asghar alias Saddam petitioner seeks his release on bail in case FIR No, 582 dated 9.12.2011 registered against him under Sections 149, 342, 147, 337-A(iii), 337-A(i), PPC with Police Station Dinga, District Gujrat having an allegation that the petitioner while armed with sota hit at the forehead of the complainant and caused injury covered by Section 337-A(iii), PPC.
2. After having heard the learned counsel for the parties and perusing the record it is found that the injury allegedly caused by the petitioner did not result into fracture of the skull, therefore, the question whether the petitioner had inflicted injury with the intention to murder him is yet to be established during the trial. The submission of the learned counsel for the complainant that the petitioner remained proclaimed offender and is a history-sheeter, cannot stand in the way of grant of relief of bail to him, particularly when there is nothing on the file to suggest that the petitioner was convicted in any of the case shown at his, credit. The petitioner is facing incarceration for the last four months whose trial has not yet been concluded and that criminal intent is yet to be determined in the trial.
3. In view of above, this petition is allowed and Muhammad Asghar alias Sadam petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs, 1,00,000/- with one surety in the like amount to the satisfaction of the learned trial Court.