' Through this petition Mujahid alias Majno, petitioner seeks his post arrest bail in a case registered against him vide F.I.R No, 122/2013, dated 25.3.2013, offence under Sections 109, 302, 324, 452, 337- F(v), 337-F(vi), 337-A(i), 337-L(ii), 148, 149, PPC registered at Police Station Alpa, District Multan.
2. Previously, the petitioner applied for his post arrest bail before this Court Crl. Misc. No, 3582- B/2013 which was dismissed as withdrawn vide order fisted 29.08.2013. Thereafter, he filed Crl. Misc.
No, 3790-B/2014 which was dismissed as withdrawn to file a fresh one on statutory ground vide order dated 22.01.2015. Now he has moved the instant petition on the statutory ground.
3. The allegation against the petitioner is that during the occurrence due to sota blow given by him the arm of Ali Muhammad got fractured.
4. On 15.07.2015 the petition was fixed for hearing but due to written request for adjournment by thee learned counsel for the complainant that he is in Eitikaf, the case was adjourned with the direction to the complainant to arrange for his counsel for today. Today, Mr. Tanveer Haider Buzdar, Advocate has put appearance on behalf of the learned counsel for the complainant and again requested for adjournment which is declined in the interest of justice and the case is being decided after hearing the arguments from the petitioner's side and the learned DPG.
5. Arguments heard. Record perused.
6. The record shows that the petitioner was arrested on 08.04.2013 and after completion of investigation has been sent to judicial lock up and since then two year and three months have elapsed. The allegation against the petitioner is that he made sota blow on the arm of All Muhammad which resulted into fracture of his arm and that injury falls under Section 337-F(v), PPC which does not fall within the prohibitory clause of Section 497, Cr.P.C. He did not repeat the blow.
He has not caused any injury to the deceased. Although the challan has been submitted in this case yet there is no progress in the trial, therefore, the petitioner cannot be kept in jail for an indefinite period. Co-accused Muhammad Hashim who was attributed fire-arm injury at the ankle of Shaban and butt blow on the right shoulder of Mst. Razia Mai, has since been allowed post arrest bail by this Court vide order dated 06.11.2014. Since two years and three months have elapsed but the trial has not been concluded and the delay is not attributed to the petitioner, therefore, this petition is allowed on statutory ground and petitioner Mujahid Ali alias Majno is admitted to bail subject to his furnishing bail bonds in the sum of Rs, 200,000/-(Rupees two hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court.
6. The observations referred above are tentative in nature and shall not prejudice the trial of the case.