SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---Muhammad Saleem petitioner seeks his release on bail in case F.I.R. No.38, dated 17-2-2012, registered under sections 337-F(v), 337-A(iii), 337-L(ii), 337-A(i), 452, 109, and 34 P.P.C. With Police Station Balochni, District Faisalabad, having an allegation that the petitioner had caused injury at the nose of Mst. Robina Yasmin, which injury was declared falling under section 337-F(v), P.P.C.
2. Parties heard and record perused.
3. The petitioner has moved this petition on the ground that he is facing incarceration for the last more than one year, whose trial has not been concluded thus prayed for invoking the concession of bail in his favour. In order to appreciate the ground taken by the petitioner the case diary has been examined, which does not indicate that the petitioner is solely responsible for the delay in the conclusion of the trial. On various dates the P.Ws. Did not turn up and the Court has to take coercive measures for procuring their attendance while on other dates the Bar remained on consistent strike, therefore, the petitioner is not at fault for the delay in the conclusion of the trial. It is a cardinal principle of law that a person cannot be detained in the jail for an indefinite period as his life and liberty is involved.
4. Learned D.P.-G. Submitted that the petitioner had caused injury at the vital part of the injured, which fact has further been supported by the medical evidence as well as statements of P.Ws. And the Police had also held the petitioner guilty of the offence, therefore, he is not entitled for the concession of the bail. When the learned D.P.-G. Has been asked whether on the basis of this material the petitioner can be convicted, he has answered in negative without affording any reason. The reason for not passing any conviction at this stage against the petitioner is that the evidence collected by the Police is not legal evidence nor it enjoys the status of the same for the reason that the P. Ws. Had merely made the statements, which cannot equated with legal statements. Legal statements are those upon which the opposite party had made cross- examination to sift the truth. Unless those statements are subjected to cross-examination they cannot enjoy the status of legal evidence that is why the conviction at this stage when all the circumstances are against the petitioner can be recorded. Since the trial of the petitioner has not been concluded within the statutory period of time and there is nothing on the record to declare him desperate and hardened criminal, as such the petitioner is found entitled for the concession of bail.
5. In view of the above, the petition is allowed and Muhammad Saleem petitioner is admitted to bail on furnishing of bail bonds in the sum of Rs. 50,000 (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.