Through this petition under Section 497 Cr.P.C., the petitioner has sought bail after arrest in case FIR No.504/13 dated 17.12.2013 under Sections 324, 34 PPC, Police Station Khanqa Dogran, District Sheikhupura.
2. I have heard the learned counsel for the parties and have gone through the record with their able assistance. This is bail after arrest and only tentative assessment is required at this stage. It has been noticed that there is a delay of one day in lodging the FIR, which has not been explained by the complainant, which prima facie shows that the FIR has been got lodged with due deliberation and consultation. Moreover, the injury attributed to the present petitioner is on left ankle of the injured which is non-vital part of the body; the petitioner has not repeated the fire, thus the question regarding attraction of Section 324 PPC is to be determined by the learned trial Court after recording prosecution evidence. Admittedly the petitioner was arrested in this case on 09.10.2014, but his trial has not seen any fruitful progress even after the elapse of more than seven months. Nobody can be kept in jail for an indefinite period. It is settled law that maximum punishment is not to be considered while deciding the bail application and the sentence likely to be imposed is to be taken into consideration. The offence with which the petitioner is charged is triable by Magistrate Section 30 who is competent to pass sentence for seven years only.
Admittedly the petitioner is previous non-convict and never involved in any other case of such like nature. The investigation of the case is complete and the petitioner is no more required for further investigation. No useful purpose would be served by keeping him behind the bars. Mere heinousness of offence is no ground to refuse the concession of bail to an accused, who otherwise, becomes entitled for concession of bail on the merits of the case.
3. For what has been discussed above, the case of the petitioner becomes one of further inquiry covered by sub-section (2) of section 497 Cr.P.C. This petition is, therefore, allowed and the petitioner are granted bail subject to his furnishing bail bond in the sum of Rs.100,000/- (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the learned Trial Court.
4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.