Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.337-F(v), 337-L(ii) & 34---Bail, grant of---All injuries attributed to accused were with blunt weapon and none of those was on any vital part of the injured complainant---Delay of five days in lodging F.I.R., had not been explained by the prosecution and "Sota" allegedly recovered from accused was not stained with blood---Opinion of Investigating Officer, though was not binding on the courts, but same had persuasive value at the bail stage--Investigating Officer had reported that occurrence did not take place in the manner described in F.I.R. and that two of the accused persons were falsely involved in the case---Case was of further inquiry---Co accused had already been released on bail by trial Magistrate and role ascribed to accused was similar, except the seat/nature of injury attributed to 'him and principle of consistency was fully attracted---Since accused had a counter-version of occurrence wherein he along with two others had sustained nine injuries, which were suppressed in F.I.R., it was yet to be determined as to who out of the two parties was the aggressor---Offences against accused being punishable with maximum punishment of five years' R.I., did not fall within the prohibitory clause of S.497, Cr. P. C. ---Despite submission of challan since long, trial of case had not commenced and there was no chance of its conclusion in near future---Accused was no more needed for investigation purposes and his further detention would not advance prosecution case any further---Bail was not to be withheld as of punishment, especially when there was no allegation of abscondence and tampering with prosecution evidence by accused---Accused having made out a case for his post-arrest bail in case registered against him, he was admitted to bail, in circumstances. THIS ORDER PASSED BY: MUHAMMAD MUZAMMAL KHAN, JUSTICE:---.--- The petitioner was refused post-arrest bail by the learned Judicial Magistrate on 11-5-2005, and by the learned Additional Sessions Judge on 27-5-2005 in case against him vide F.I.R. No. 110, dated 11-4-2005 under sections 337-F(v), 337-L(ii) and 34, P.P.C.…

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