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Criminal Miscellaneous No. 3161-B of 1983, decided on 2nd January, 1984.
Criminal Procedure Code (V of 1898)--
---S. 497/498--Penal Court (XLV of 1860), S. 307/148/149--Injuries allegedly inflicted by accused declared simple--Complainant party stated to have initiated attack and a cross-case registered against them- Question is to which party was aggressor yet to be decided by trial Court after recording evidence- -Bail granted.
Rana Ijaz Ahmad Khan for Petitioners.
C . M . Latif for the State
Qurban Ali for the Complainant.
This order shall dispose of two applications; one for pre-arrest bail filed by Muhammad Akram petitioner and the other for post-arrest bail filed on behalf of Malik Muhammad Tufail petitioner in a case under sections 148 and 307/149, P,P.C. registered at Police station Manawan, District Lahore, on 21st of October, 1983.
2. It is alleged that on a dispute over elections the petitioners and their co-accused armed with fire-arms, hatchet and Dangs formed an unlawful assembly and in prosecution of the common object thereof launched an attack causing three injuries to three persons including one fire-arm. All the injuries were declared as simple. It is contended on behalf of the petitioners that in fact ,the complainant party initiated the attack and a case was registered against them also under section A 307, P.P.C.
3. The learned counsel for the State admits that the accused in the cross case, challaned under section 336, P.P.C. are on bail.
4. The question as to which of the parties was the aggressor would be decided by the trial Court after recording evidence. In the circumstances of the case, both the applications are accepted, the interim pre-arrest bail already allowed to Muhammad Akram petitioner is confirmed B and Malik Muhammad Tufail petitioner is admitted to bail in the sum of Rs.10,000 (Rupees ten thousand only) with one surety in the like amount to the satisfaction of the Assistant Commissioner Cantt; Lahore.
5. Muhammad Akram petitioner shall join the investigation.
M. Y. H.
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