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Petitioner: Asif VS Respondent: StateHonorable Justice Shehram Sarwar Ch.Shahid Rafique Mayo
2026 M L D 108 [Lahore] Before Shehram Sarwar Ch., J Asif---Petitioner Versus The State and others---Respondents Crl. Misc. No. 56889-B of 2025, decided on 14th October, 2025. Criminal Procedure Code (V of 1898)--- ----S. 497 (2)---Penal Code (XLV of 1860), Ss. 337-U, 337-A (1), 337-L (2), 148 & 149---Injury on teeth, shajja-i-khafifa, rioting armed with deadly weapons, unlawful assembly---Post-arrest bail, grant of---Further inquiry---Injury on lips---Itlaf-i udw to be determined by Trial Court---Allegation against the petitioner/accused was that he inflicted pistol butt blow on mouth of complainant due to which his lip was fractured and one tooth was broken---There was a delay of about six days in reporting the matter to the police without there being any satisfactory explanation---According to contents of FIR, the petitioner inflicted pistol butt blow on mouth of complainant due to which his lip was fractured and one tooth was broken, however, the injuries allegedly attributed to the petitioner had been declared under Ss.337-L(2) & 337-A(i), P.P.C, which were bailable and S.337-U, P.P.C, which carried the punishment of arsh i.e. one-twentieth of the diyat---Whether or not S.337-U, P.P.C would be read with S.334, P.P.C, would be answered by the Trial Court after recording of evidence---Petitioner was not involved in any other case of such like nature---Petitioner was behind bars since his arrest and no more required for the purpose of investigation---No useful purpose would be served by keeping the petitioner behind the bars for an indefinite period---Thus, case of the petitioner called for further inquiry within the ambit of Subsection (2) of S.497, Code of Criminal Procedure---Petitioner was admitted to post arrest bail, in circumstances. Shahid Rafique Mayo for Petitioner. Sh. Muhammad Nouman Siddique, DPG along with Muhammad Sona, ASI with record. Farrukh Mehmood for the Complainant. Order Shehram Sarwar Ch., J.---Asif, petitioner seeks post arrest bail in case FIR No. 335 dated 18.02.2025, offences under Sections 337-U, 337-A(i), 337-L(2), 148 and 149, P.P.C, registered at Police Station Khudian District Kasur. 2. Precisely the prosecution story as set out in the FIR is that he along with his co-accused while armed their respective weapons attacked upon the complainant and caused him injuries. 3. Arguments heard. Record perused. 4. There is a delay of about six days in reporting the matter to the police without there being any satisfactory explanation. According to contents of FIR, the petitioner inflicted pistol butt blow on mouth of complainant due to which his lip was fractured and one tooth was broken. As apprised by learned Law Officer, the injuries allegedly attributed to the petitioner have been declared under Sections 337-L(2) and 337-A(i), P.P.C, which are bailable and Section 337-U, P.P.C, which carries the punishment of arsh i.e., one-twentieth of the diyat. The legal question involved in this case whether Section 337-U, P.P.C shall be read with Section 334, P.P.C or not would be answered by the learned trial Court after recording of evidence. The petitioner is not involved in any other case of such like nature. He is behind the bars since his arrest and no more required for the purpose of investigation. No useful purpose would be served by keeping the petitioner behind the bars for an indefinite period. 5. Considering all these circumstances, case of the petitioner calls for further inquiry within the ambit of Subsection (2) of Section 497, Code of Criminal Procedure. This petition is, therefore, allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs. 1,000,000/- (rupees one lakh only) with one surety in the like amount to the satisfaction of learned trial Court. Before parting with this order, it is clarified that the observations made in this order are purely tentative in nature and relevant only for the disposal of this bail petition which shall not influence the learned trial court in any manner, whatsoever. MQ/A-81/L Bail granted.