Law:

Section:

Criminal Procedure Code (V of 1898)------S. 497---Penal Code (XLV of 1860), Ss. 337-A(iii)/34---Shajjah-i-hashimah, common intention---Bail, grant of---Incorrect medical opinion---Police having knowledge of such opinion---Misconduct of police and complainant in regard to the case---F.I.R. had been recorded after a lapse of about thirty four (34) days---Injured was examined after about thirty (30) days of the incident but the doctor opined that probable duration between the injuries and examination was two to three hours, which should have been a sufficient ground for recommending the discharge of the case, but the police made the arrest and conducted investigation---Such conduct of the police spoke volumes about the misconduct on its part and also the mischievous conduct of the complainant---Even if the injured was presented for medical examination on the day alleged, the police should have registered the F.I.R. forthwith---In view of the conduct of the police and the complainant, bail petition of the accused was accepted and he was released on bail. ORDER IBAD-UR-REHMAN LODHI, J.---Through this petition, the petitioner seeks post-arrest bail in case F.I.R. No.3 of 2012 dated 4-1-2012 registered under sections 337-A(iii), 34, P.P.C. at Police Station Sahianwala District Faisalabad. 2. The occurrence according to the complainant took place on 1-12-2011 which was reported on 4-1-2012. According to Medico-legal Report available on record, the injured Faheem Ahmad Shahzad was produced before the Medical Officer on 31-12-2011 and after examining the person before him, the doctor opined with regard to the probable duration in between the injuries and examination as 2 to 3 hours. What is missing on the part of complainant or prosecution in this case, is the veracity. 3. Keeping in view the above conduct of the prosecution and the complainant, the petitioner, who has been arrested in this case and behind the bars is entitled to be released on bail. 4. In view of what has been discussed above, this petition is accepted and petitioner is ordered to be released on bail subject to his furnishing bail bonds in the sum of…

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