The petitioner, who stands charged for having committed an offence punishable under section 324, P.P.C. Vide. F.I.R. No.34 dated 21-3-1997, lodged in Police Station, Akbar Pura, Tehsil and District Nowshera, has been refused bail by the Courts below. Hence this petition.
2. Mr. Qasim Shah Advocate, learned counsel for the petitioner, Mr. Abdur Rauf Khan Gandapur Advocate, learned counsel for the State and Mr. Tasleem Hussain, Advocate, learned counsel for the complainant present and heard. Record of the case perused.
3. Admittedly, the complainant had sustained simple injury on his left thigh, therefore, the case against the petitioner would apparently fall within the mischief of section 337-F, P.P.C. The punishment, for various hurts, under section 337-F range from one year R.I. to seven years R.I. as Tazir. Needless to mention that grant of bail in offences punishable with imprisonment for less than 10 years is a rule and refusal an exception. The exceptional and extraordinary case where bail is declined in cases of offence punishable with imprisonment of less than 10 years are enumerated as under:-- (a)Where there is likelihood of abscondence of the accused; (b)Where there is apprehension of the accused tampering with the prosecution evidence; (c)Where there is danger of the offence being repeated if the accused is released on bail; and (d)where the accused is a previous convict.
4. In holding the above view I am fortified by case Tariq Bashir and 5 others v. The State reported in PLD 1995 SC 34.
5. Since the petitioner is not a previous convict, there is no danger of his repeating the offence in question and there is no apprehension of his absconsion or tampering with the prosecution evidence, therefore, he is admitted to bail and shall be released forthwith if not required in any other case provided he deposits bail amount of Rs,30,000 (Rs, Thirty thousand only) in this Court.