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Petitioner: ZULFIQAR VS Respondent: StateHonorable Justice Maulvi Anwarul HaqSaghir Ahmad Bhatti
2008 Y L R 2586
2008 Y L R 2586
[Lahore]
Before Maulvi Anwarul Haq, J
ZULFIQAR---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.2830-B of 2006, decided on 11th October, 2007.
Criminal Procedure Code (V of 1898)---
----S. 497---Penal Code (XLV of 1860), S.337-F(i) (iv)---Bail, grant of---Accused had been attributed two injuries to complainant, the first was bone exposed on the front (Palmar aspect) of hand and wrist joint, while the second skin deep on back of right side of abdomen---Injuries were caused by a sharp-edge weapon---Accused had already suffered incarceration for more than three months without a trial---Bail was not to be refused as substitute of punishment---Accused was granted bail, in circumstances.
Saghir Ahmad Bhatti for Petitioner.
Mehmood-ul-Hassan Qureshi for the State.
OREER
MAULVI ANWARUL HAQ, J.--The petitioner seeks post-arrest bail in case F.I.R. No.192, registered with Police Station Saddar, Burewala, District Vehari on 4-7-2006 for an offence under section 337-F(i)(iv), P.P.C.
2. The petitioner was arrested on 9-7-2006. His bail application has been rejected by a learned Additional Sessions Judge, Burewala on 7-8-2006.
3. Learned counsel for the petitioner contends that the injuries are not on the vital part and the case does not fall within the prohibitory degree. Learned counsel for the State opposes the bail application.
4. I have gone through the available records. The petitioner has been attributed two injuries to the person of Muhammad Nawaz complainant, the first is bone exposed on front (palmar aspect) of hand and wrist joint while the second skin deep on back of right side of abdomen. The injuries were caused by the sharp-edged weapon. The petitioner has already suffered incarceration for more than three months without a trial. The bail is not to be refused as substitute of punishment. The criminal miscellaneous is accordingly allowed and the petitioner is granted bail subject to his furnishing bail bond in the sum of Rs.30,000 (Rupees thirty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.
H.B.T./Z-14/L Bail granted.