Rasheed, petitioner seeks post-arrest bail in case F.I.R. No 181/2017 dated 3.7.2017, under Sections 324, 337-F(iii), 34, P.P.C., registered at Police Station Okanwala Bangla, Sahiwal.
2. Allegedly, the petitioner attempted at the life of Muhammad Nawaz, the injured.
3. After hearing the learned counsel for the parties and perusing the record, it was noticed that there was unexplained delay of about seven days in lodging the F.I.R. Despite the fact that, allegedly, the petitioner was armed with a handgun and that the injured was at his mercy even then he did not repeat fire. The injury sustained by Muhammad Nawaz was also on his left leg, non- vital part of the body., The injury was declared as ghayr-jaifah mutalahimah falling under Section 337-F(iii), P.P.C. and it would a moot question for the learned trial Court to be determine if the petitioner intended to eliminate the injured.
4. At this juncture, it may be mentioned that one Abdul Ghaffor present in the Court confirmed that the injured has left his abode and he shown his inability to engage any private counsel. During the investigation, the recovery stands effected from the petitioner. He is in jail since his arrest. The trial not witnessed any progress. Speedy trial is the right of the accused and is now guaranteed under the Constitution. All these considerations render the case of the petitioner one of thorough probe within the meaning of Section 497(2), Cr.P.C. Thus, I am inclined to exercise my discretion in favour of the petitioner.
5. For the reasons mentioned above, the application accepted and the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs,2,00,000/- with one surety in the like amount to the satisfaction of learned trial Court/duty judge.