Ali Nawaz, petitioner seeks post-arrest bail in case F.I.R. No, 206/2016 dated 04.06.2016, under Sections 324, 337-F(i), 337-F(v), 34, P.P.C., registered at Police Station Saddar Kehror Pacca, Lodhran.
2. Allegedly, the petitioner attempted at the life of Salad, the injured.
3. After hearing the learned counsel for the parties and perusing the record, it was noticed that there was unexplained delay of one and half hour in lodging the F.I.R. Despite the fact that the petitioner was armed with rifle and that the injured was at his mercy but he inflicted no injury on the upper part/vital part of the body. It would be interesting question for the learned trial Court if he intended to eliminate the injured. The petitioner was arrested in this case on 01.02.2018 and since then he is behind the bars. The trial has not witnessed any material progress so far. The concession of bail to an accused cannot be denied merely on the ground that he was fugitive from law if he has good case for bail on merits and his absconsion would not come in his way. Ref "Mitho Pitafi v. The State" (2009 SCM R 299). The petitioner is in jail since his arrest and his continuous detention for indefinite period would be unfair. All these considerations render the case of the petitioner one of through probe within the meaning of Section 497(2), Cr.P.C.
4. For the reasons mentioned above, the application is 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 satisfaction of learned trial Court/ duty judge.