Post arrest bail, grant of--Petitioner caused injuries with sota on person of Shahbaz (injured) which have been declared jurh ghayr-jaifah hashimah attracting offence u/S...............

 PLJ 2024 Cr.C. (Note) 250
[Lahore High Court, Multan Bench]
Present: Sadaqat Ali Khan, J.
MUHAMMAD UZAIR--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 5368-B of 2024, decided on 5.9.2024.

Criminal Procedure Code, 1898 (V of 1898)--

----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 337-F(v), 337-L(ii), 337-A(ii), 148 & 149--Post arrest bail, grant of--Petitioner caused injuries with sota on person of Shahbaz (injured) which have been declared jurh ghayr-jaifah hashimah attracting offence u/S. 337-F(v), PPC containing punishment of imprisonment, which may extend to 5-years and docs not fall under prohibitory clause and offence u/S. 337-L(ii), PPC (bailable)--Petitioner is behind bars since his arrest and is no more required by police for further investigation--The law is settled by now that where a case does not fall under prohibitory clause, concession of granting bail must favourably be considered and should only be declined in exceptional cases--Court do not find this to be a case where it should be refused as an exception--Bail was allowed.                                                                           [Para 3] A

Peer Syed Muhammad Najmul Husnain, Advocate for Petitioner.

Mr. Hassan Mahmood Khan Tareen, DPG for State.

Mian Amar Ali Safeer, Advocate for Complainant.

Date of hearing: 5.9.2024.

Order

Petitioner (Muhammad Uzair) seeks post arrest bail in case FIR No. 610 dated 05.12.2023 offences under Sections 337-F(v), 337-L(ii), 337A(ii) 148 & 149, PPC Police Station Saddar Mailsi, District Vehari, after refusing of the same by the Courts below.

2.       Heard. Record perused.

3.       Allegedly, petitioner caused injuries with sota on the person of Shahbaz (injured) which have been declared jurh ghayr-jaifah hashimah attracting offence u/S. 337-F(v), PPC containing punishment of imprisonment, which may extend to 5-years and docs not fall under the prohibitory clause and offence u/S. 337-L(ii), PPC (bailable). Petitioner is behind the bars since his arrest and is no more required by the police for further investigation. The law is settled by now that where a case does not fall under the prohibitory clause, the concession of granting bail must favourably be considered and should only be declined in exceptional cases. I do not find this to be a case where it should be refused as an exception.

4.       For the foregoing reasons, this petition is allowed and petitioner (Muhammad Uzair) is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs. 500,000/-with two sureties each in the like amount to the satisfaction of the trial Court. However, it is clarified that the observations made hereinabove are tentative in nature and strictly confined to the disposal of this bail petition.

(A.A.K.)          Petition allowed