MALIK HAQ NAWAZ, J.---The petitioners have applied for post arrest bail as they have been booked under sections 324/34/109, P.P.C. vide FIR No.24/2017 of Police Station Jaglote dated 24 .08.2017 .
2. The petitioners were refused bail by the learned Additional Sessions Judge vide judgment/order dated 03.09.2019, hence this petition.
3. The learned counsel for the petitioners submits that the case is false and the petitioners have been nominated in the FIR just by guess work by the complainant. The learned counsel further stated that recoveries effected in the instant case are fake and fictitious and have been planted by the I.O. in collusion with the complainant party. The learned counsel further stated that it was a night occurrence and the identification of the culprits was not possible. The case of the petitioners is one of the further inquiry and they deserve the concession of bail.
4. On the other hand the learned Dy. A.G. submitted that the petitioners/ accused are directly charged in the FIR with a specific role of causing injuries to the victim, who charged the accused in his statement and recoveries have been effected from the petitioners. The offence under section 324, P.P.C. carries' 10 years imprisonment, which falls within the prohibitory clause of section 497, Cr.P.C. The bail petition of the petitioners merit dismissal.
5. The petitioners are directly charged in the FIR, with a specific role of causing injuries to the victim, who charged the accused/petitioners in his statement. Recovery of weapon of offence from both the petitioners have been effected in presence of marginal witnesses. Co-accused of the instant case have already been refused bail by this Court. The trial of the case has been commenced. The petitioners/accused remained absconder for a long time and were arrested after hectic efforts by the local police. No case for bail is made out. The bail petition is declined accordingly. However, the trial Court is directed to conclude the trial within a period of 2 months positively. If the trial is not concluded within the stipulated time, the petitioners will be at liberty to move a fresh bail application.