1. The applicant is facing trial in case under section 324, P.P.C. Arising out of Crime No,33 of 1999 of Police Station Sekhat.
2. Complainant Muhammad Usman lodged F.I.R. On 3-8-1999, narrating therein that Molvi Nazar Muhammad is residing the Hujra of mosque. On 3-8-1999, at about 1-30 a.m. There were cries in the mosque, the complainant and other villagers were attracted to the same and reached at the door of mosque, which was bolted from inside. The complainant party went inside the mosque by climbing over the walls and found in the electricity light that Pinjal was lying on the cot and Molvi Nazar Muhammad was sitting over him causing fists blows. It is alleged that he was having dagger in his hand and caused blows with the said dagger to Pinjal. It is stated in the F.I.R. That accused on seeing the complainant party decamped from the scene of offence. The complainant party saw that Pinjal had sustained injuries and his two teeth were broken. On enquiry Pinjal told them that few days back when he went inside the Hujra he found that one student was sitting there alongwith applicant Molvi Nazar Muhammad and his loin cloth was in such a way that the accused was appearing to be naked. The injured told him that he should not play such mischief otherwise he should quit the mosque. It is stated that on the night of the incident when the injured was sleeping, the accused attacked on him with a dagger and caused injuries to him. He further stated that he raised cries which attracted them and the accused has ran away.
3. The complainant on the next day at about 2-00 p.m. Lodged the F.I.R. And the police after registration of F.I.R. Took up the investigation.
4. It is contended by Mr. Soomro, the learned counsel for the applicant that F.I.R. Is delayed by 11-1/2 hours and no explanation is furnished by the complainant. It is argued that the applicant/accused was arrested on 3-8-1999 and since then he is in custody. It is pleaded that so far the applicability of the section 324, P.P.C. Is concerned, that is yet to be established at the time of trial and.The medical certificate reveals that the injuries which the injured had suffered are Shujjah-e-Mudihah and other hurts. The punishment provided for the said offence is only 5 years for Shajjah-e- Mudihah, whereas remaining offences are punishable for 2 years only. It is contended that the case is not covered by prohibitory clause of section 497, Cr.P.C. And as such the accused is entitled for bail. Reference is made to Tariq Bashir and 5 others v. The State PLD 1995 SC 34 and Jan Muhammad v. Haji Noor Jamal and another 1998 SCM R 500.
5. Mr. Rasheed Ahmed Qureshi, learned Assistant Advocate-General appearing for the State has strongly opposed the bail application in view of the peculiar circumstances of the case.
6. From the record it appears that applicant/accused was arrested on 3-8-1999, and since then he is in custody. The F.I.R. Is delayed by about 11-1/2 hours without any plausible explanation. The medical certificate indicates that alleged offence falls under Shajjah-e-Mudihah which is punishable for 5 years only. In view of the facts and dictum laid down by the Honourable Supreme Court in the case of Tariq Bashir and others, and in case of Jan Muhammad (supra) are very much applicable in the present case and as such the case of accused would come out of prohibitory clause contained under section 497(1), Cr.P.C. In the like amount to the satisfaction of Additional Registrar of this Court.