Journal: PCr.

LJ
Year: 1990
Old Headnote:
Criminal Procedure Code (V of 1898)- -S. 497-Penal Code (XLV of 1860), S.307-Bail,
grant of-Accused allegedly caused a knife injury in the abdomen of the injured-F.I.R.
was delayed by 22 days-Parties had effected compromise-Bail was allowed in
circumstances. [p. 1660] A
New Headnote:
CrPC- Code of Criminal Procedure, 1898

Section 497

Petitioner is admitted to bail as there is delay of 22 days in the registration of the

complaint and as the parties have effected a compromise.

Judgment:
ORDER The brief facts of the present bail petition are that an F.I.R. No.238 dated 18-
7-1989 was registered at Police Station Sadar Gojra, District Toba Tek Singh under
section 307, P.P.C. against the present petitioner by the complainant, Bashir
Ahmad. 2. According to the F.I.R. the petitioner is alleged to have inflicted
a knife injury on the abdomen of one Muhammad Azeem, the nephew of the
complainant. The motive for the offence is said to be the decision of the Panchait
against the accused for which he blamed the injured Muhammad Azeem. 3. The
learned counsel for the petitioner contends for bail on the following grounds:- (i)
That there is an inordinate delay of 22 days, as the F.I.R. was registered on 18-7-
1989 whereas the incident is alleged to have taken place on 26-6-1989, and there is
no satisfactory explanation for the said delay. (ii) That the parties
have effected a compromise and that therefore, the petitioner is entitled to bail. In
this respect reliance was placed on 1989 P Cr. L J 1852. (iii) Tli.it the petitioner has
been in custody for the last almost six months .md that he is no longer required by
the police and that his further detention shall serve no useful purpose. 4. The
learned counsel for the State opposes the bail but failed to refute the contentions
of the learned counsel for the petitioner. 5. In view of what has been stated above,
as there is delay of 22 days in the registration of the complaint and as the parties
have effected a compromise and an affidavit to that effect has been placed on the
record, therefore, the petitioner is admitted to bail in the sum of Rs.30,000 with two
sureties in the like amount to the satisfaction of A.C. Gojra, District Toba Tek Singh.