' The petitioners Sadiq and Sultan are seeking post-arrest bail in case F.I.R. No,104 of 1996, dated 1- 4-1996 registered at Police Station Saddar, Dera Ghazi Khan under sections 337-F(ii), 337-D, 148 and 149, P.P.C. At the instance of complainant Haji Khuda Bakhsh for an occurrence of the same day in which Ibrahim and Musa P.Ws. Got injured, the former having suffered an incised wound, skin deep on the shoulder attributed to petitioner Sadiq with a knife and latter having suffered skin deep knife injuries on shoulder and arm ascribed to Sultan petitioner.
2. The co-accused have been found innocent, the petitioners were arrested on 25-4-1996, were found guilty by the police and challan has been submitted against them on 26-4-1996. Learned Sessions Judge, D.G. Khan dismissed their application for the grant of bail on 2-10-1996.
3. I have heard the learned counsel for the petitioner, the State and have also perused the record.
4. It is contended by the learned counsel for the petitioner that the petitioner Sadiq suffered as many as 17 injuries with blunt weapon, though are declared to be simple, the maximum punishment for the offences alleged against the petitioners is three years and as such the petitioners who are behind the bars for the last more than 10 months are entitled to the concession of bail. On the other hand, learned counsel for the State has opposed the petition.
5. The petitioners are behind the bars for the last more than 10 months and for the offences alleged against them the maximum punishment provided under the law is three years and as such no one does not fall within the prohibitory clause of section 497, Cr.P.C. And there is nothing on the record to show that they are not entitled to the conferment of concession of bail. Under these circumstances, the application is allowed and the petitioners are granted bail subject to their furnishing bail bonds in the sum of Rs,50,000 each with one surety each in the like amount to the satisfaction of the trial Court.