SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Through the instant petition, Farooq Khan and Saleem Khan (peti tioners) seek post arrest bail in case FIR No.73/2019, dated 05.04.2019, offence under Sections 324, 148, 149, 337 -D, 337-F(ii), P.P.C., registered with Police Station, Kamar Mushani District Mianwali.
2. Allegation against the petitioners, in brief, as per contents of the crime report is that on 05.04,2019 at 03:45 p.m. they along with their co-accused while armed with their respective weapons launched attack upon the complainant party. The allegations against the petitioners is that the petitioner Farooq Khan inflicted knife blow on the left side of abdomen of injured Muhammad Ashfaq whereas the petitioner Saleem Khan inflicted knife blow on the left side of back of complainant.
3. Learned counsel for the petitioners submits that the petitioners have falsely been roped in the instant case by the complainant in connivance with the local police against the actual facts and circumstances with ulterior motives. Further contends that the alleged injury on the person of complainant attributed to petitioner Saleem Khan has been declared as offence under section 337 F(iii), P.P.C. whereas the alleged Injury on the person of injured Ishfaq attributed to petitioner Farooq Khan has also been declared as offence under section 337-F(iii), P.P.C. which carries maximum punishment up to three years. Such circumstances make the case against the petitioners to be one of further inquiry falling within the ambit of Section 497(2), Cr.P.C. It is submitted that the petitioners are behind the bars since their arrest, investigation being complete, their corpus is no more required by the police for further investigation and as such no useful purpose is going to be served by their further detention in jail. Learned counsel submits that in view of these circumstances, it is a fit case for grant of post arrest bail in favour of the petitioner.
4. On the other hand, learned Law Officer has opposed this petition with vehemence. It is argued that the petitioners are nominated in the FIR with a specific role. It is submitted that during the course of investigation, knifes have been recovered from the possession of the petitioners, which sufficiently connects them with the commission of the offence alleged. Moreover, they were found fully involved by the Investigating Officer during the course of investigation.
5. Arguments advanced from both sides have been heard. Relevant record available on file perused.
6. There is no denial to this fact that the petitioners are named in the FIR, but this Court has to see from the facts and circumstances whether case against the petitioners to the extent of grant of bail is made out or not.
As per crime report, the petitioner Farooq Khan inflicted know blow on the left side of abdomen of injured Ishfaq Khan whereas the petitioner Saleem Khan inflicted know blown on the left side of back of complainant. When confronted, learned Law Officer frankly concedes that injury attributed to the petitioner Farooq Khan on the person of Muhammad Ishfaq has been declared by the doctor as offence under section 337-F(iii), P.P.C. whereas the injury attributed to the petitioner Saleem Khan on the person of complainant has also been declared as offence under section 337-F(iii,) P.P.C. for which maximum punishment is three years which does not attract the prohibition contained in Section 497(1), Cr.P.C. Furthermore, there is no repetition at the part of the petitioners. Even otherwise, the basic principle is bail and not jail. The petitioners are behind the bars since the date of their arrest. Investigation being complete, their corpus is no more required by the police and as such no useful purpose would be served by his further detention in jail. The culpability of the petitioners would be determined by the learned trial court during trial after recording of prosecution evidence.
7. In sequel to above facts and circumstances, I am persuaded to accept this petition. Resultantly, the petitioners are admitted to bail after arrest subject to their furnishing bail bonds in the sum of Rs.1,00,000/- each with one surety each in the like amount to the satisfaction of learned trial court.