' Petitioners seek post-arrest bail in F.I.R. No,96 of 2001, dated 6-2-2001 registered at Police Station, Tandlianwala, District Faisalabad.
2. The allegation against the petitioners is that they along with their co-accused duly armed caused injuries to Bashir Ahmed and Khizar Hayat. The petitioners applied for bail which was granted to them by the trial Court vide order, dated 23-6-2001 thereafter the complainant moved for cancellation of bail and consequently the learned A.S.J., Faisalabad cancelled their bail vide order, dated 9-8-2001. Hence the instant petition.
3. It is evident from the contents of F.I.R. That Shaukat petitioner has been assigned the role of causing injuries on the person of Bashir Ahmed whereas Liaqat Ali petitioner has been assigned the role of causing injuries on the person of Khizar Hayat. The petitioners along with others have been nominated for causing the instant occurrence, however, out of the persons nominated in the F.I.R.
Only 5 accused, including the present petitioners have been sent up for trial, whereas the others have been shown innocent and placed in column No,2 of the report under section 173, Cr.P.C.
4. The impugned order reveals that order, dated 23-6-2001 has been recalled mainly on the ground that one of the offences under section 324, P.P.C. Falls within the prohibitory clause. The mere fact that offence under section 324, P.P.C. Falls under A prohibitory clause, does not disentitle the petitioners to the relief claimed by them, as it is not the maximum sentence which is to be kept in mind while adjudicating the matter, but the sentence which under the circumstances can be awarded, is to be taken into consideration. If this point is kept in view the order regarding cancellation of bail is not sustainable. Even otherwise the petitioners have been in jail for six and a half months. As such petition is accepted and they are admitted to bail subject to their furnishing bail bonds in the sum of Rs,30,000 each, with one surety each in the like amount to the satisfaction of trial Court.