Muhammad Azeem , petitioner seeks post-arrest bail in case registered vide F.I.R. No. 248/2017 dated 15.07.2017, under Section 337-A(iii), 337-F(iii), 337-L(2), 337-F(v), 337-F(vi), 148, 149, P.P.C., at Police Station Harrapa, District Sahiwal.
2. Allegedly , the petitioner being member of unlawful assembly and in prosecution of its common object inflicted injuries to Muhammad Zubair , the injured.
3. Having heard the arguments addressed at the bar and after perusing the record, it was noticed that the occurrence took place on 06.07.2017 but the incident was reported on 15.07.2017 with unexplained delay of about 09 days. Co-accused of the petitioner including Muhammad Yasin and Muhammad Amin have been admitted to post arrest bail by the Court vide order dated 20.08.2018 passed in Criminal Miscellaneous No. 3157-B of 2018 and order dated 03.04.2018 passed in Criminal Miscellaneous. No. 1041-B of 2018. During the investigation, no recovery was effected from the petitione r. The investigating agencies successively concluded that the petitioner was merely present at the crime scene, thus, it is a case of two versions. One introduced by the complainant/injured and the other as concluded by the Investigating Agency . In similar situation the apex Court in case titled "Ehsan Ullah vs. The State, etc." (2012 SCMR 1137) admitted the accused to post arrest bail. The petitioner is in jail since arrest and his long incarceration would serve no purpose to the prosecution, in particular , when the investigation is complete. The petitioner has got no previous record at his credit and, thus, would be believed as first offender . The speedy trial is the right of the accused and there is he likelihood of the early conclusion of the trial. Even otherwise, commencement of trial is no clog to the grant of bail if the petitioner is entitled to the same relief on merits. Ref: "Muhammad Ismail vs. Muhammad Rafique & another (PLD 1989 SC 585). In these circumstances, the case of the petitioner needs serious consideration within the meaning of Section 497(2), Cr .P.C, thus, I am inclined to exercise my discretion in favour of the petitioner .
4. In view of the 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. 200,000/- with one surety in the like amou nt to the satisfaction of learned trial Court/duty Judge.