ORDER SAJJAD AHMAD SIPRA, J.- The Petitioner is accused of offence under section 324/34 PPC, vide FIR No.51/95, dated 2.5.1995, registered at Police Station Shahbor, Tehsil and District Okara.
2. The learned counsel for the petitioner and the state were heard at length in respect of the contentions raised herein. A perusal of the FIR has supported the contention of the learned counsel for the petitioner to the effect that the injury attributed to the petitioner, being on the lower part of the right leg is on non-vital part of the body, and further notice has been taken of the fact that the said injury had been declared to be 'ghayr-jaifah hashimah' and as such the accused of the said offence shall be liable to daman and may also be punished with the imprisonment of either description for a term which may extend to five years. The said contentions also confirmed on behalf of the State but nevertheless, the learned counsel for the State opposed the present bail petition by pointing out that the said injury, attributed to the petitioner, fyas bone deep. However, it was further confirmed on behalf of the State that the petitioner has been in the judicial custody for over six months and is no longer required by the police and is neither a previous convict nor a hardened criminal.
3. Therefore, for the afore stated reasons, placing reliance upon Manzoor and 4 other vs. The State (PLD 1972 S.C.81) and Amir vs. The State (PLD 1972 S.C.277), wherein it has been held that neither the law shall be stretched in favour of the prosecution nor the bail shall be denied as punishment, further holding that the benefit of doubt arising has to be extended to the accused even at the bail stage, it is hereby held that the petitioner's case is duly covered under the provisions of sub- section(2) of section 497 Cr. P.C. In this respect further strength is sought by placing reliance upon Tariq Bashir etc vs. The State (PLD 1995 S.C. 34) and laved Iqbal and another vs. The State (1995 S.C.M.R. 1090).
4. Consequently, the petitioner is hereby allowed bail in the sum of Rs.25,000/- with two sureties, each in the like amount, to the satisfaction of the A.C./Duty Magistrate, Okara.