Saqib Raza petitioner seeks post arrest bail in case FIR No, 236 dated 28.04.2015 for offences under Sections 324/34/337-F(v), PPC registered at Police Station Khurianwala, District Faisalabad.
2. Precise allegation against the petitioner as mentioned in the FIR is that while armed with Pistol he made a fire which landed on the left hand of Imtiaz Ahmad son of the petitioner.
3. I have heard arguments of the learned counsel for the parties.
4. Although petitioner is named in the FIR with a specific role of making firearm injury on the right hand of Imtiaz Ahmad son of the complainant yet it is evident from the contents of the FIR that the petitioner did not repeat the fire though, at the relevant time injured was at the mercy of the petitioner. Further it has been observed that the injury ascribed to the petitioner is on non vital part of the body and according to the Medical Officer the same has been declared as falling under Section 337-F(vi), PPC which entails a maximum punishment of seven years, as such, the same does not fall within the prohibitory clause of Section 497, Cr.P.C. Petitioner in the instant case was arrested on 05.05.2015 and since then he is continuously behind the bars. Investigation against the petitioner is complete and cliallan has been submitted before the trial Court where reportedly the trial has not commenced so far. He is stated to be previously non convict and there is no record against him. No useful purpose would be served by keeping the petitioner behind the bars for an indefinite period. Reliance is placed on the case titled Muhammad Umar vs. The State and another (PLD 2004 S.C.477) and the case of Umar Hayat Versus The State and another (2008 SCM R 1621).
5. For the reasons recorded above, petition in hand is allowed and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs, 2,00,000/- (rupees two lac only) each with two sureties in the like amount to the satisfaction of the learned trial Court.
6. It is made clear that the observations made supra are tentative in nature.