ORDER M. JAVED BHUTTER," J.- The petitioners are seeking bail after arrest in case FIR No.-77/96 dated 24.2.1996 u/S. 394 PPC and u/S. 17 of Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979) of Police Station Have Lakha (Okara) lodged against the petitioners at the instance of the complainant .Fiaz-ul-Haq.
2. The petitioners are accused of stealing away a taxi from the complainant and his driver at the pistol point and of causing injuries on the person of Ishfaque, the driver and of snatching away Rs.
1900/- from the complainant party.
3. The petitioners were arrested on 3.3.1996, car was recovered on 6.3.1996 and pistols were recovered from them on 11.3.1996 and the challan has been submitted against them in Court.
4. It is contended by the learned counsel for the petitioners that the allegations against the petitioners of having injured the driver Ishfaque with fists and with pistol but is not supported with any medical evidence and the injuries on his person are superficial and minor in nature and no hurt was caused to him and, therefore, the maximum punishment as provided u/S. 394 PPC of imprisonment for life is not attracted to the facts of this case and at the most it is a case of minimum imprisonment of for years which does not fall within the prohibitory clause. Similarly it is contended that u/S. 17 of Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979) the punishment is three years.
5. The learned State counsel has seriously opposed this petition.
6. The investigation has been completed, challan has been submitted, the petitioners arc behind the bars from last more than 8 months and prima facie it seems that it is not a case of awarding of maximum punishment u/S. 394 PPC and u/S. 17 (of Offences Against Property (Enforcement of Hudood) Ordinance VI of 1979 and it does not fall within the prohibitory clause of Section 497 Cr.P.C.
However, it will be for the trial Court to determine the quantum of sentence after recording the evidence.
7. In view of the above-mentioned the application is allowed and the petitioners are granted bail subject to their furnishing bail bonds in the sum of Rs.1,00,000/- each with two sureties each in the like amount to the satisfaction of Judicial Magistrate, Depalpur. Copy Dasti.