' A case under section 337-A(i)/337- F(i)/337-F(v)/337-L(ii), P.P.C., is registered against the petitioner and others for causing injuries to Mst. Parveen Akhtar, a woman of 35 years of age on 11- 10-1998. The F.I.R., was registered on 21-10-1998 in which it was contended that the petitioner while armed with a ' Danda' gave blows to the victim on her head and other parts of her body along with his co-accused. The motive was a sudden flare up between the women-folk of the two sides.
2. Learned counsel for the petitioner has submitted that the petitioner is an Imam Masjid' and is aged about 7.5/76 years and being an old and weak person, falls within the proviso to section 497, Cr.P.C. Secondly, it is contended that the investigation has since been completed and the challan has been sent to the Court concerned; that there is delay in filing the F.I.R., by about 10 days; that the injury i,e,, fracture is on the ankle of the victim which is non-vital party of the body; that the maximum punishment for the offence does not exceed five years and, as such, case of the petitioner does not fall within the prohibitory clause of section 497, Cr.P.C. That the petitioner is not allegedly involved in any other case and is behind the bars after his arrest on 29-10-1998.
3. Learned counsel for the State has opposed the bail application only on one ground that the petitioner has caused injury to a woman over the scuffle between the women-folk of the two sides.
4. I have considered the foregoing submissions and find that the petitioner is an old person aged about 75/76 years even according to the police record. He is not a previous convict nor there is any case against him. He is behind the bars since 29-10-1998 and the challan has already been sent to the Court concerned for trial. The offence does not fall within the prohibitory clause. The petitioner is, therefore, admitted to bail in the sum of Rs,10,000 with one surety in the like amount to the satisfaction of the learned Trial Court. The petition is .Accordingly allowed.