' Aziz ur Rehman son of Habib-urRehman petitioner seeks his post-arrest bail in case F.I.R. No. 481 of 2003, dated 1-11-2003 registered at Police Station, Saddar Gojra, District Toba Tek Singh for offences under sections 337-A(ii), 337-L(2), 109/34, P.P.C.
2. The case of the prosecution as unfolded in the F.I.R. Registered at the instance of Muhammad Arshad son of Jalal Din was that he was a resident of Chak No. 418 JB, Tehsil Gojra; that on 1-11-2003 at about 10 a.m. His sons Sarfraz Ahmad and Shahbaz were proceeding towards their house from Adda Pull Murad Shah while he along with Abdul Majeed son of Nazeer Ahmad was following them at some distance; when his sons reached a Chowk near their house, Aziz ur Rehman petitioner son of Habib ur Rehman armed with a Phahora, Rajoo son of Ilyas armed with a Sota who were sitting there in ambush after due deliberation forcibly stopped his sons; Rajoo raised a Lalkara that both of them should not escape and inflicted a Sota blow which landed on the left shoulder of Sarfraz; the petitioner caused a Phahora blow on his head which caused him to fall; during this while Rajoo caused two successive blows with a Sota which hit Shahbaz Ahmad on the back side of the left shoulder and on the right thigh; he and Abdul Hameed reached the spot and witnessed the occurrence whereupon the assailants decamped. It was also alleged that the incident had taken place on the instigation of Tariq son of Ilyas resident of Chak No.418. According to the complainant the motive was that Tariq and the assailants were vagabonds who had teased some girls in the village some time back as a result of which a Punchayat was convened and he had admonished them, which grudge they had been nurturing against him.
3. The petitioner was arrested in this case on 3-12-2003 and is in custody since then. His plea for post-arrest bail did not find favour with the learned Additional Sessions Judge, Gojra who dismissed the same vide his order, dated 10-1-2004. Hence this petition.
4. I have heard Rana Muhammad Akram Khan, the learned counsel for the petitioner, Mr. Abdul Wahid Chaudhry, the learned counsel for the complainant and Mr. Abdul Majeed Chishti, the learned counsel for the State.
5. It has been noticed that the F.I.R. Was initially registered under sections 337-A(ii), 337-L(2), 109, 324/34, P.P.C., however, according to Attaullah, A.S.-I./Investigating Officer who is present in the Court section 324, P.P.C. Has since been deleted as such the remaining offences with which the present petitioner stands charged do not attract the prohibitory clause of section 497(1), Cr.P.C. The allegation against the petitioner that he caused a Phahora blow on the head of the complainant attracts section 37-A(ii), P.P.C. Which does not fall within the prohibitory clause of section 497, Cr.P.C. There is no allegation that he repeated his blow or that he acted in a cruel or unusual manner. Reliance of the learned counsel for the petitioner on the case of Allah Rakha alias Bodi and another v. The State and another, 1993 SCM R 1994, wherein the Honourable Supreme Court of Pakistan granted bail to the petitioner who was charged under section 337-A(ii), P.P.C.- as the case did not attract the prohibitory clause of section 497, Cr.P.C., is quite apt. Likewise the case of Kazim Ali v. The State 1998 M LD 1535 also advances his case inasmuch as in the said case this Court granted bail to the petitioner who was charged with offences under section 337-A(ii), 337-L(2), 148/149, P.P.C. On the ground that the offences did not attract the prohibitory clause and no exceptional circumstances had been brought to the notice of the Court to withhold the concession of bail. The petitioner was admittedly arrested on 3-12-2003 and as such six months have elapsed and the trial has yet not commenced. He cannot be retained in custody as a measure of punishment.
6. Resultantly this petition is allowed and the petitioner is admitted to bail in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of the learned trial Court.