' Bagh Ali son of Wali Muhammad, Riaz Ahmad and Mukhtar Ahmad, sons of Bagh Ali, petitioners, have sought their post-arrest in a case F.I.R. No,334 of 2001, registered at Police Station Saddar Pakpattan Sharif, on 27-6-2001, for offences under sections 337-A(i), 337-F(i), (iii), (iv), (v), 337-L (ii), 367, 109, 148, 149, P.P.C.
2. According to the F.I.R., all the petitioners, who were armed with different kind of weapons forcibly took Muhammad Sharif, complainant-injured, in the Ihatta of Bagh Ali, petitioner No,1, and inflicted injuries.
3. The earlier bail application of the petitioners was not pressed for the time being and dismissed for the same reason on 7-11-2001.
4. Bagh Ali and Mukhtar Ahmed, petitioners were arrested on 27-6-2001, while Riaz Ahmad, petitioner was arrested on 29-6-2001. Now they are in Judicial Lock-up after completion of investigation.
5. I have heard the learned counsel for the parties and gone through the annexures appended with the tile. It has been noticed that the matter was reported to the police after a delay of more than three days. All the offences except the thence under section 367, P.P.C. Do not attract the prohibitory clause of section 497, Cr.P.C. Although all the accused were shown to be armed with pistol and guns yet the complainant did not receive any fire-arm injury on his person. The injuries on the person of the complainant except injury No,1 are either on his elbow or on the legs. Only injury No,1 was on the left ear, which was declared to be "Shuja-eKhafifa". Whether any offence under section 367, P.P.C., in the circumstances of the case, was committed or not would be determined by the learned trial Court after recording evidence.
6. Considering the factum of delay and that all the offences, except offence under section 367, P.P.C. Do -not attract the prohibitory clause of section 497, Cr.P.C. And the accepted principle of law that the bail cannot be withheld as punishment, I am inclined to accept this petition and admit the petitioners to bail, subject to his tendering bail bonds in the sum of Rs, One Lac, each, with one surety each, in the like amount to the satisfaction of the trial Court.