' Petitioner Muhammad Zubair by way of this petition has prayed for grant of post arrest bail in case FIR No, 36 registered under Section 324, 337-F(v), 34, PPC with Police Station Sadder, Bahawalpur, on 3.2.2013.
2. Precisely the allegation against petitioner, as per the FIR, is that on 3.2.2013, he alongwith his other co-accused having respective weapons caused injury to the complainant.
3. After hearing the learned counsel for the parties and perusing the record, I find that though the petitioner is nominated in the FIR with specific allegation of causing injury to the complainant hitting at his right thigh, which was later on declared as Ghayr-jaifah hashimah attracting the provisions of 337-F(v), PPC, punishable for five years and as such, the same does not fall within the prohibitory clause of Section 497, Cr.P.C. Further the said injury is on non-vital part of the body and has not been declared dangerous to life. Moreover, the petitioner has not repeated fire shot at injured person. In these circumstances, the questions of authenticity of the allegation against the petitioner and that of intention to kill will be determined by the learned trial Court after recording the evidence of the parties and till then, the case of the petitioner is covered under Section 497 (2), Cr.P.C. Calling for further inquiry into his guilt.
4. Statedly the petitioner is behind the bars since 9.4.2014 without any progress in the trial and as such, he cannot be detained in jail for an indefinite period which, even otherwise, would not serve any useful purpose to the prosecution.
5. I, therefore, accept this petition and allow bail to the petitioner subject to his furnishing bail bonds in the sum of Rs,2,00,000/- (Rupees two lacs only) with one surety in the like amount to the satisfaction of the learned trial Court.
6. It is clarified here that the above observations are tentative in nature and only meant for disposal of the matter in hand. These shall have no bearing at all on anybody's case at trial.
(A.S) .