S.M.ZUBAIR, J.- The petitioner who is involved in a case under Section 337- A-II/34 P.P.C, arising out of F.I.R. No. 30, dated 14.2.1993, registered at Police Station Lalian District Jhang, seeks to be admitted to bail.
2. Briefly the allegation against the petitioner as per F.I.R, is that he inflicted several sota blows to the victim.
3. The learned counsel for the petitioner contended that the F.I.R, was lodged after two days delay which remained un-explained hence the prosecution case is not free from doubt. He further submitted that no sanctity can be attached to this F.I.R, in which one Monda co-accused of the petitioner was found innocent during the investigation as per investigation he was not present at the place of occurrence. He next contended that injury No. 8 which is the only grievous injury was attributed to Monda discharged co-accused, hence the case against the petitioner is one of further inquiry and the petitioner is entitled to the grant of bail. In the end, he submitted that the offence for which the petitioner is being charged does not fall within the prohibitory clause as maximum punishment provided for this offence in law is 5 years and the petitioner is behind the bars since 14.2.1993 without any progress in the trial.
4. The learned counsel for the State assisted by the Police Officer has conceded this fact that Monda co-accused was found innocent and got discharged and injury No. 8 the only grievous injury was attributed to the aforesaid Monda, according to the F.I.R.
5. After hearing the learned counsel for the parties and perusing the record, I find, there is substantial force in the submissions of the learned counsel for the petitioner that the case against the petitioner is one of further inquiry and in view of this fact also that the offence for which the petitioner is being charged does not fall within the prohibitory clause, the petitioner is entitled to the grant of bail. I direct that the petitioner be released on bail provided he furnishes bail bond in the sum of Rs. 30,000/- (Rupees Thirty Thousand only) with one surety in the like amount to the satisfaction of the Ilaqa Magistrate.
(Khizar Hayat, J)