MANZOOR AHMAD MALIK, J. --- Ahsan Nawaz and Nausherwan petitioners have impugned the order dated 16.05.2018, whereby concession of bail after arrest was refused to them by the learned Lahore High Court, Lahore, in case F.I.R. No, 440/2017 dated 07.12.2017 offence under Sections 337- F(v), 337-F(vi), 337-L(ii), 337-H(ii), 440, 109, 148 and 149, PPC registered at Police Station Phullarwan District Sargodha.
2. Precise allegation against the petitioners, as per FIR, is that on the fateful day and time, they alongwith their co-accused while armed with iron rods assaulted the son of the complainant namely Muhammad Asim and belaboured him. It was alleged in the F.I.R. that both the petitioners inflicted rod blows on the shin of right leg of the injured. Moreover, Nausherwan petitioner was attributed an injury on the right ankle of the injured.
3. After hearing the learned counsel for the petitioners, learned Additional Prosecutor General assisted by the learned counsel for the complainant and perusal of available record, it has been observed by us that the offences alleged in the F.I.R. are outside the prohibitory clause of Section 497, Code of Criminal Procedure. Grant of bail in such-like cases is a rule and its refusal is an exception. No exceptional circumstances are available in this case. Therefore, this petition is converted into an appeal and the same is allowed. Ahsan Nawaz and Nausherwan appellants are allowed bail after arrest subject to their furnishing bail bonds in the sum of Rs, 100,000/- (rupees one hundred thousand only) each with one surety each in the like amount to the satisfaction of learned Trial Court.