ORDER KHALID PAUL KHAWAJA, J.- On 17.10.1993 at 12 midnight a case U/S. 324/34 PPC was registered at Police Station Model Town, Gujranwala against Shahnawa/ and Mohammad Amal alias Hira accused at the instance of Zabir Sarwar complainant. It was alleged that the aforementioned accused while armed with pistols had attacked and injured Nadeem Sarwar the brother of the complainant.
2. Mohammad Amal alias Hira accused/petitioner who was arrested on 23.10.1993 has applied for his bail.
3. I have heard the parties' learned counsel and have also perused the record.
4. According to the allegations contained in the FIR Shahnawaz accused had caused a i.e-arm injury on the right lower leg of Nadeem Sarwar while the petitioner had caused i.e-arm injury on his left buttock. The medico legal report shows that the injured PW had not suffered any injury on the left buttock, however, a i.e-arm injury was found located on his right buttock.
5. Learned counsel for the petitioner submits that in view of the conflict between the ocular and medical evidence the case requires further inquiry and thus the petitioner is entitled to the concession of bail. He further submits that the offence charged against the petitioner does not fall within the purview of section 497 Cr.P.C and, therefore, the petitioner is entitled to the grant of bail.
6. The Medical Officer has described the injury attributed to the petitioner as Jurh Ghayr-Jaifah Mutalahima which is punishable under section 337/F(iii) with 3 years imprisonment. This offence does not fall within the prohibitory clause of Section 497 Cr.P.C. Bail in such cases is to be granted as a rule. The petitioner is behind the bars for the last about 5 months and his trial is not in sight. In these circumstances and in view of the contentions raised by the learned counsel for the petitioner this is a fit case for bail. The petitioner, therefore, is admitted to bail in the sum of Rs. 15,000/- with one surety in the like amount to the satisfaction of A.C./llaqa Magistrate, Gujranwala City.