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Criminal Miscellaneous No. 2726-B of 1983, decided on 22nd November, 1983.

---S. 497--Penal Code (XLV of 1860), Ss. 307, 34 & 109, P.P.C.-- Bail, grant of--Accused allegedly giving single fire-arm injury on head of complainant--Said injury found to be simple-- Co-accused found to be innocent by police--Accused during occurrence suffering 7 injuries himself both by blunt and fire-arm weapons--Accused also filing private complaint against injured person (complainant) and other members of his party--Complainant (in F.I.R. case) and his other partymen summoned in said private complaint--Case being of two versions and requiring further inquiry as to which of two parties were liable for aggression Bail granted in circumstances.

Malik A.R. Arshad for Petitioner.

Arshad Khan for the State.

Muhammad Iqbal for the Complainant.

Date of hearing: 22nd November, 1983.

Muhammad Latif petitioner who is involved in a case under section 307/34/109, P.P.C. arising out of F.I.R. No. 192/83, dated 8-5-1983 of Police Station, Peoples Colony, Faisalabad seeks to be released on bail through the present petition.

2. The allegations against the petitioner and his co-accused are that on 8-5-1983 at 8-30 p.m., the petitioner and his co-accused Muhammad Ashraf and a third unknown associate of theirs made an assault on Munir Ahmad and his son Qasim. The petitioner was allegedly armed with carbine while his co-accused Ashraf was allegedly carrying a pistol. The role attributed to the petitioner is that he fired at Munir Ahmad complainant with his carbine hitting him on his head. His son Qasim was injured with pistol at the hand of Muhammad Ashraf. It is also alleged that this assault was launched by the petitioner and his co-accused at the behest of Haji Muhammad Shafi and his sons who are owners of Ijaz Cloth House.

2-A. As a result of police investigation, Haji Muhammad Shafi and his sons and also Muhammad Ashraf co-accused of the petitioner have been found to be innocent and their names have been placed in column No.2 of the challan. It is noteworthy that during the occurrence, the petitioner also sustained as many as seven injuries. Six injures have been declared to have been caused by blunt weapon while the seventh injury has been declared to have been caused by a fire-arm. All the injuries on his person have, of course, been declared as simple. Similarly, in case of the complainant the only injury on his person attributed to the petitioner has also been declared as simple. The petitioner has also filed a complaint against the complainant and other members of his party alleging that in fact they assaulted the petitioner and others. In that complaint, the complainant and others have been summoned. The case is thus of cross-versions and it is a matter of further enquiry as to which of the two parties is liable for the aggression.

3. In the circumstances, the petitioner is admitted to bail in the sum of Rs. 20,000 (twenty thousand) with one surety in the like amount to the satisfaction of A.C. Faisalabad.

H. A. K. Bail granted.

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