Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497 & 347---Penal Code (XLV of 1860), Ss. 337-A(iii), 337-L(2), 337-F(i), 337-N(2)& 34---Hurt, common intention---Bail, grant of---Further inquiry---Role attributed to accused was that he gave fist blow to the injured which landed on his nose and caused fracture---FIR was registered with a delay of eight days---Injury attributed to accused was declared by doctor as under 337A(iii), P.P.C.---While deciding bail application maximum punishment was not to be considered and the punishment likely to be awarded to the accused would be considered---Offence with which the accused was charged was triable by Magistrate, Section-30, who could award punishment upto seven years only---Whether it was a fit case to be sent to the Court of Session under S. 347, Cr.P.C. would be determined by trial court after recording evidence---When there are two inferences regarding the same thing one in favour of accused would prevail---Accused was previous non-convict and never involved in any other case---Accused was behind the bars since five months without any fruitful progress towards conclusion of trial---Investigation of case was complete and accused was no more required for further investigation---Nobody could be kept in jail for indefinite period as speedy trial was right of every accused person---No useful purpose would be served by keeping accused behind the bars---Case of accused became one of further inquiry covered by subsection (2) of section 497, Cr.P.C.---Bail was granted accordingly. (b) Penal Code (XLV of 1860)--- ----S. 337-N(2)--- Sentence of imprisonment--- Scope---Sentence of imprisonment could only be awarded if accused was a previous convict, habitual or desperate criminal or had committed the offence in the name or on the pretext of honour. THIS ORDER PASSED BY: ABDUL SAMI KHAN, JUSTICE:---.--- Through this petition under section 497, Cr.P.C. the petitioner has sought post-arrest bail in case FIR No. 226/17, dated 13.06.2017 under sections 337-A(iii), 337-L(2), 337-F(i), 34, P.P.C., registered at Police Station Rajoa, District Chiniot. 2. The arguments advanced by learned counsel for the parties have been…

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