The petitioner seeks bail after arrest in case F.I.R. No. 305 of 2002, dated 1-12-2002, offence under section 337-A(ii), P.P.C., registered at Police Station Abbas Nagar, District Bahawalpur.
2. As per F.I.R., on 28-11-2002, petitioner alongwith his co-accused while armed with different weapons caused injuries on the person of Muhammad Saeed, complainant whereas case was registered on 1-12-2002.
3. I have heard the arguments and perused the record.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case that learned trial Court had directed the complainant to appear before Medical Board for re- examination but he failed to appear, which makes the prosecution story doubtful; that petitioner is in judicial lock-up since 11-1-2003 but chalan has not been submitted in Court so far and that offence does not fall within the prohibitory clause, therefore petitioner deserves concession of bail.
5. On the other hand learned counsel for the State as well as complainant have opposed this application on the grounds that petitioner is named in the F.I.R.; that he caused injury on the head of complainant and that F.I.R. Was lodged promptly.
6. I have considered the submissions made by the learned counsel for the parties with care.
7. The allegation against the petitioner is that he caused injury on the person of complainant. The letter dated 30-1-2003 issued by Medical Superintendent, B.V. Hospital, Bahawalpur (Annexure-B) shows that injured was not produced before Board for medical examination, despite order of Court.
The offence under section 337-A(ii) does not fall within the prohibitory clause of section 497, Cr.P.C.
Learned counsel for the State submits that petitioner is in judicial lock-up since 11-1-2003 and challan has not been submitted in Court so far. As such without going into merits of the case, I find it a fit case for grant of bail to the petitioner, therefore application brought by him is accepted and he is allowed bail subject to furnishing security in the sum of Rs.80,000 with one surety in the like amount to the satisfaction of trial Court.