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Criminal Miscellaneous No. 721‑B of 1983, decided on 28th August, 1983.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 307, 324, 326, 448, 148 149‑‑Bail‑‑Incident having two versions‑‑Three persons on side of accused receiving injuries with sharp‑edged as well as with blunt weapons‑‑Accused persons having not caused any grievous injury to any injured person‑‑Bail allowed to accused in circumstances.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 307, 324, 326, 448, 148 & 149‑‑Second bail application‑‑Maintainability‑‑Bail not refused on merits‑‑Fresh application for bail, held, maintainable on fresh grounds.

Sardar Ahmad Khan for Petitioners.

Sh. Abdul Hameed for the State.

M. Asif Khan for the Complainant.

This is an application for bail on behalf of Muhammad Anwar and 7 others, the petitioners, in case under section 307/324/326/448/148/ 149, P.P.C. registered at Police Station Kot Samaba, vide F.I.R. No. 101 of 1983, dated 6‑7‑1983.

2. The learned counsel does not press the plea for bail of Muhammad Shameer alias Muhammad Khan, petitioner No.4 and Muhammad Arshad alias Tooti petitioner No.6, at this stage.

3. The prosecution case is that the petitioners in furtherance of their common object launched murderous assault on Gul Sher, Mahboob Ahmad, Khalil Ahmad, Khuda Bakhsh and Gul Khatoon and thereby caused simple as well as grievous injuries to them.

4. It appears that the parties suffered injuries during the occurrence. On the side of the prosecution Gul Sher received 6 simple injuries. Out of these injuries the 3 were caused with sharp‑edged weapon. Mahboob Ahmad received 4 simple injuries, 2 with sharp‑edged and the other with blunt weapon. Khalil Ahmad received 7 injuries, out of which the 3 injuries found on his head caused by sharp‑edged weapon, have been declared grievous and the others caused with blunt‑weapon, are simple. Khuda Bux received 2 simple injuries, one with sharp‑edged and the other with blunt weapon. Gul Khatoon received 4 simple injuries, 2 with sharp‑edged and the rest with blunt weapon.

On the side of the petitioners three person received injuries with sharp‑edged as well as with blunt weapons. Nazir Ahmad received one simple injury caused by blunt weapon. Bashir Ahmad received 2 simple injuries caused by blunt weapon. Muhammad Arshad received 3 simple injuries, one with sharp‑edged and the others with blunt weapon. The injury caused by sharp‑edged weapon was found on the back of his chest.

5. Learned counsel for the petitioners submits that since a counter -complaint has been filed against the complainant party, therefore, it is a case of two versions and it is yet to be determined as to which one is correct one.

As against this the learned counsel for the State assisted by the learned counsel for the complainant has seriously opposed the application on the ground that the complainant party being in occupation of the disputed land, the petitioners having trespassed are aggressors.

6. After hearing the learned counsel for the parties and going through the material before me, I find that there are two versions of the incident; that the three persons on the side of the petitioners received injuries with sharp‑edged as well as with blunt weapons; and that the petitioners have not caused any grievous injury to any one.

For what has been found above I am inclined to allow bail to Muhammad Anwar, petitioner No.1, Rafique Ahmad, petitioner No. 2, Bashir Ahmad son of Talib Hussain, petitioner No.3, Akbar Ali, petitioner No .S, Muhammad Jameel, petitioner No. 7 and Bashir Ahmad alias Jagga, petitioner No.8 in the sum of Rs.10,000 (Rupees ten thousand only) each with one surety each in the like amount to the satisfaction of the Assistant Commissioner/ Duty Magistrate, Rahimyar Khan. Order accordingly.

Since the bail has not been refused to petitioners Nos.4 and 6 on merits they may repeat the application as and when new ground arises in due course of event.

H. A. K./4573/L Bail granted.

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