Through this petition u/S. 497, Cr.P.C. the petitioner Sajid Hussain, seeks post-arrest bail in case F.I.R. No. 172 dated 06.05.2020 u/S. 337-F(v)/337-L(2)/34, PPC, registered at Police Station Fateh Shah District V ehari.
2. This crime report has been lodged by Mst. Zahooran Bibi complainant alleging therein that on 30.04.2020 at 04:00 pm the petitioner along with his co- accused assaulted the complainant, caused injuries to her and also outraged her modesty . The role attributed to the present petitioner is that in inflicted sota blow injury on the right arm of the complainant, which resulted into fracture.
3. Heard. Record perused.
4. It divulges from record that though the accused/petitioner is nominated in the crime report with the allegation of causing sota blow injury on the right arm of the complainant and the said injury is obviously on non-vital part of the body of the complainant/injured and attracts the provision of Section 337-F(v), PPC, which entails maximum punishment of five years and the same does not fall within the prohibitory clause of Section 497, Cr.P.C. and in such like cases bail is a rule and refusal is an exception as laid down by the Hon'ble Supreme Court in the case of Tariq Bashir v. The State (PLD 1995 SC 34). The exceptions mentioned in supra case, are not available in the present case as the petitioner has no previous criminal record. In view of the above, the-case of the petitioner has become as one of further inquiry as completed in sub-section (2), PPC of Section 497(2), Cr.P.C. The petitioner is behind the bars since his arrest and investigation to his extent is already complete. No useful purpose would be served by keeping the petitioner behind the bars.
6. Consequently , this petition is allowed and the petitioner Sajid Hussain is enlarged on bail subject to his furnishing bail bonds in the sum of Rs. 1,00,000/- (rupees one lac) with one surety in the like amount to the satisfaction of the learned trial Court.