' Shafqat Shehzad alias Nagoo, the petitioner has sought for post-arrest bail in Case F.I.R. 163 dated 16-7-2002 under sections 302/337-A (i)/337-L (ii)/148/149, P.P.C. Registered with Police Station Qabula, District Pakpattan Sharif.
2. The facts of the case were mentioned by me in the order dated 8-1-2003 recorded in Criminal Miscellaneous No,3354-B of 2002, titled Zulfiqar v. The State. The same, therefore, are not repeated here.
3. It has been contended on his behalf that he has falsely been roped in on account of enmity with the complainant party; that only role attributed to him is of causing injuries with Sota to Hafiz Shah Muhammad P.W. On his upper left eye and the left thigh and if at all the same may be taken as true, for the sake of arguments, even then the offence against him would be one under section 337-A(i) and 337-L(ii), P.P.C., which is bailable; that he has been ascribed no injury to the deceased and so the question that in such circumstances, if he can be held liable for his murder needs serious consideration and thus his case is covered under subsection (2) of section 497, Cr.P.C.
Requiring further inquiry into his guilt; that his co-accused Zulfiqar has been allowed bail by this Court in the said criminal miscellaneous petition on 8-1-2003; and that he is behind the bars and stated to be a previous non-convict.
4. Conversely, the learned counsel for the State has opposed the petition on the ground that he is named in the F.T.R.; that he has inflicted two Sota blows to Hafiz Shah Muhammad P.Ws. And one of these was on his upper left eye and the other on left thigh.
5. I have carefully considered the submissions made by the learned counsel for the parties with the help of available record.
6. The fact remains that he has been ascribed two injuries with Sota to Hafiz Shah Muhammad P.W.
One of these was on his left upper eye and the other on left thigh. Apparently, these injuries attract an offence under section 337-A (i) and 337-L (ii), P.P.C. And according to Schedule Second to the Code of Criminal Procedure the same is bailable. He has been ascribed no injury to the deceased, so, the question that in such circumstances, if he can be held liable for his murder needs consideration. His case, thus, was covered under subsection (2) of section 497, Cr.P.C. Requiring further inquiry into his guilt. He is stated to be behind the bars and a previous non-convict.
7. I, therefore. Find him entitled to bail. The petition, therefore, is accepted and he is admitted to bail provided he furnishes bail bond in the sum of Rs,50,000 (Rupees fifty thousand) with two sureties each in the like amount to the satisfaction of the learned trial Court.