Through this petition filed under Section 497, Cr.P.C., the petitioner seeks post arrest bail in case FIR No. 198/2011 dated 13.06.2011 for offences under Section 337-F(i), 337-A(i), 394, PPC registered at Police Station Chotti District D.G.Khan.
2. According to the FIR on 13.06.2011 at about 9:30 p.m. the petitioner alongwith other co-accused raised a "Lalkara" and threatened the complainant either to give him back his money or face dire consequences. Subsequently, the petitioner injured the complainant with the "Butt of his pistol. The petitioner was caught red handed at the spot by the complainant along with a .30 bore pistol.
3. The learned counsel for the petitioner submits that a false and fabricated FIR has been registered against the petitioner on account of previous enmity. It was a case of free fight and the petitioner sustained five injuries at the hands of the complainant. The petitioner was medically examined on 13.6.2011 and the injuries suffered by the petitioner were declared to be injuries under Section 337- A(i), 337-F(i), PPC. According to the prosecution case, no serious injury was suffered by the complainant. All the injuries suffered by the complainant have been classified as 337-F(i), 337-A(i), PPC. It was a case of sudden fight The petitioner who is a previous non-convict has been falsely implicated with the commission of offence.
4. The learned Deputy Prosecutor General as well as the learned counsel for Respondent No. 2 have opposed the petition and submitted that the petitioner has been named in the FIR and an overt act has been attributed to him. The petitioner has been charged with an offence under Section 394, PPC which falls within the Prohibitory Clause of Section 497, Cr.P.C. The petitioner has been found to be guilty during the investigation which has been conducted. There is no malafide on the part of the complainant to have lodged a false and frivolous criminal case against the petitioner.
5. I have heard the arguments advanced by the learned counsel for the parties and perused the available record.
6. An assertion made by the learned counsel for the petitioner that the petitioner suffered five injuries at the hands of the complainant on the day of occurrence has neither been negated by the learned Deputy Prosecutor General nor by the learned counsel for the complainant. None of the injuries suffered by the complainant are serious in nature and have been classified as Sections 337-A(i) and 337-F(i), PPC. The petitioner.is a previous non-convict and according to the learned Deputy Prosecutor General no criminal case stand registered against him.
7. In this view of the matter, this petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs. 1,00,000/- (one lac) with one surety in the like amount to the satisfaction of the learned trial Court.