Through this petition, Muhammad Akram, the petitioner seeks his release on post-arrest bail in case FIR No. 567/2017, dated 21.12.2017, offences under sections 337-F(v), 148, 149, PPC, registered with the Police Station Sadar Muzaf fargarh, District Muzaf fargarh, at the instance of Mst. Khadija complainant.
2. The allegation against the petitioner as per contents of FIR is that he alongwilh his co-accused trespassed into the complainant's house and injured them . During the occurrence, the petitioner fractured the arm of complainant's minor son by throwing him on the groun d. The allegations of abduction and commission of theft of house hold articles were also levelled against the petitioner and his co-accused.
3. Heard. Record perused.
4. No doubt, the petitioner is nominated in the FIR but the fact remains that occurrence allegedly took place on 01.11.2017 and the complainant's son was medically examined on 17.11.207 whereas the matter was reported to the Police on 21.12.2017. The prosecutio n has failed to advance any reason for such delay in medical examination of injured PW as well as reporting the matter to the Police in the narration of FIR, which is fatal to the prosecution case at this stage.
5. Admittedly , there is civil litigation pending between the parties. The offences alleged against the petitioner does not fall within the ambit of prohibitory clause of Section 497, Cr.P.C. Although the petitioner has been found guilty during investigation but the fact remains that the ipsi dixit of police regarding guilt or innocence of accused could not be depended upon, as the same would be determined by trial Court on the basis of evidence, yet to be collected. Guidance is sought from Maulana Abdul Aziz v . The State (2009 SCMR 1210 ).
6. All the above discussed facts lead to this Court to draw an inference that prima facie prosecution has not sufficient incriminating material in hand to connect the petitioner with the commission of alleged offence at this stage and instant case requires further inquiry as contemplated in Section 497(2), Cr.P.C., as per law laid down by the August Supreme Court of Pakistan in cases reported as Ehsan Ullah v . The State (2012 SCMR 1 137).
7. The petitioner has been arrested in this case on 16.4.2019 and sent to judicial lockup. The investigation is completed and challan has been submitted to the Court of competent jurisdiction for trial. The petitioner is no more required by the police for further investigation. Therefore, further incarceration of the petitioner would not serve any useful purpose.
8. This petition is, therefore, accented and petitioner is allowed post-arrest bail subject to his furnishing bail bonds in the sum of Rs. 100,000/- (Rupees one hundred thousand only) two sureties each in the like amount to the satisfaction of learned trial Court.
9. It is, however , clarified that observations made herein are just tentative in nature and strictly confined to the disposal of this bail petition.