Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 337-A(i), 337-F(v), 337-F(vi), 148 & 149---Qatl-i-amd, hurt, rioting armed with deadly weapon, unlawful assembly---Bail, grant of---Case of further inquiry---FIR was lodged with an unexplained delay of six days---Accused was attributed a specific role of inflicting injury with iron rod on the right shoulder of deceased but nothing was recovered from him and he was declared innocent during investigation---Injury attributed to accused fell under S. 337-L(2), P.P.C. which offence was bailable---Accused was previous non-convict---Accused was behind bars since 29.01.2016 and there was no chance of early conclusion of trial---Bail was allowed. THIS ORDER PASSED BY: ABDUL SAMI KHAN, JUSTICE:---.--- Through this petition under section 497, Cr.P.C. Shah Baig petitioner has sought bail after arrest in case FIR No. 17/16, dated 04.01.2016 registered at Police Station Rajana, Toba Tek Singh in respect of offences under sections 302/ 337-A(i)/337-F(v)/337-F(vi)/148/149, P.P.C. 2. After hearing the learned counsel for the parties and going through the record it has been noticed by this Court that there is a delay of six days in registration of the FIR which has not been explained by the petitioner and the same fact prima facie shows that the FIR has been lodged by the petitioner with deliberations and consultations. Although a specific role of inflicting injury with iron rod on the right shoulder of deceased has been attributed to the petitioner yet the fact remains that during the investigation of this case nothing has been recovered from the petitioner rather at one stage after finding the petitioner to be innocent the Investigating Officer has prepared a cancellation report but the same was disagreed by the learned trial court. Thus, all this shows that it is a case of two versions, one introduced by the complainant through the FIR and second introduced by the Investigating Officer…

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