Petitioner Saifullah seeks bail in a case registered with Police Station Saddar, Hafizabad, for an offence under section 337-F(v) of Qisas and Diyat Ordinance read with section 34, P.P.C. Vide F.I.R.
Dated 2-10-1991. According to the F.I.R. Got registered on 2-10-1991, first informant with his father Ijaz Hussain with Muhammad Shehbaz were going towards Hafizabad on cycles to attend to their case in the Civil Court. At about 7 a.m., first informant who was , sitting with Muhammad Shahbaz on the same cycle, stopped as the tyre of their cycle had deflated. First informant's father continued as they were getting late for the case. In the meanwhile, petitioner armed with a hatchet, with his brother Sabtain alongwith another came. The petitioner allegedly caused some injuries on the right leg of first informant's father. When the first informant raised alarm the assailants ran away.
2. It was contended by learned counsel for the petitioner that there is unexplained delay of 2-1/2 days in lodging the F.I.R. Argued that the petitioner is responsible only for causing injuries, which obviously were on the non-vital part of the body, which clearly indicates that his intention was only to give injuries without endangering the life of the victim. Submits that the co-accused of the petitioner have since been declared innocent. The contentions were opposed,, by learned counsel for the State.
3. I have heard the learned counsel and gone through the file. The, petitioner is named in the F.I.R.
But he is alleged to have caused injuries on the non-vital part of the body. The argument of the learned counsel is correct that there is delay in the registration of the case. F.I.R. Further becomes doubtful as the co-accused of the petitioner, who was responsible for causing injuries, has since been declared innocent. It has been more than eight months yet the challan has not been submitted in Court. The petitioner is in custody ever since his arrest and he is not required for the said purpose any more In these circumstances, the petitioner is allowed bail provided he furnishes security in the sum of Rs.25,000 (Rupees twenty-five thousand only) with two sureties, each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate concerned.