' Abdul Sattar petitioner, an accused in a case under section 337-F(ii) (vi) registered against him with Police Station Harappa, District Sahiwal has moved this application for grant of post-arrest bail, after refusal of the same by the learned Additional Sessions Judge, Sahiwal.
2. Lal Din father of the petitioner and Abdul Latif injured exchanged hot words with each other over the matter of causing damage to Barseem crop-of Abdul Latif. The petitioner armed with Sota raising Lalkara caused injuries to Abdul Latif.
3. The petitioner on the sixth day of his arrest was allowed bail by learned Magistrate 1st Class, Sahiwal vide order, dated 31-3-1993, which was cancelled by the learned Additional Sessions Judge, Sahiwal vide order, dated 15-2-1994.
4. Bail is urged on the ground that maximum sentence provided for the offence allegedly committed by the petitioner being three years and seven years not falling within the prohibitory clause, the withholding of bail on the ground that it was granted shortly after the arrest was not justified.
5. The grant of bail has been opposed by the learned State counsel on the ground that bail in cases not falling within the prohibitory clause of section 497, Cr.P.C. Cannot be claimed as of right.
6. I have heard the learned counsel for both sides at length and perused the record.
7. Abdul Latif sustained two injuries with blunt weapon and as per X-ray report, there was a fracture of fifth meta corpal bone. The maximum punishment for an offence under section 337-F(ii) and (vi) provided is two years and seven years respectively, in addition to the punishment of Daman, which may or may not be imposed by the Court at the time of recording conviction in a case. Hence despite there being a fracture, withholding of bail shall amount to punish a person before finding him guilty of the commission of an offence.
' Having regard to the facts of the case, the petitioner is directed to be released on bail subject to his furnishing bail bonds in the sum of Rs,30,000 8 with two sureties in the like amount to the satisfaction of A.C./Duty Magistrate, Sahiwal.