2009 PLP 2187 (YLR)

MIAN MUHAMMAD NAJAM- UZ-ZAMAN, J.

Seeks post-arrest bail in case F.I.R. No. 53/2009 dated 8-3-2009 for offence under sections 302/324/452/ 337-F(III)/337-F(II)/337-L(II)/148/149, P.P.C. registered at Police Station Balochni Faisalabad. In brief prosecution case is that on 8-6-2009 at 2-00 p.m., petitioner and his co-accused being armed with `danda' and other blunt weapons while forming an unlawful assembly launched an attack on the complainant party and caused injuries to their adversaries as a result of which six persons received injuries and later on one of them namely Sana Ullah succumbed to the injuries at the hospital. The precise allegation against the petitioner is that of causing injuries to Sami Ullah (P.W.) with 'Danda'. During' investigation petitioner was arrested on 4-4-2009, his bail application was dismissed by learned Additional Sessions Judge, Jaranwala, vide order dated 23-7-2009. Hence this petition. Bail is sought on the ground that it is a case of two versions because during the occurrence petitioner and six persons from the accused side also received injuries, but the complainant while lodging the F.I.R. had deliberately concealed this fact. Further submits that it is yet to be determined as to which party had aggressed and thus the case of the petitioner falls within the fold of further inquiry. It is also submitted that petitioner never caused any injury to the deceased but the allegation against him is that of causing simple injuries to one of the prosecution witnesses. Conversely learned counsel for the complainant while opposing bail application submits that during investigation the cross version of the occurrence was found false and the same had been cancelled. Further submits that petitioner caused injuries to Sami Ullah (P.W.) on the vital part of the body and his intention was to commit his murder. The petitioner and his co accused after forming unlawful assembly had launched attack and in furtherance of their common intention had caused injuries to the deceased and witnesses and that he is liable for the offence under section 302 P.P.C. as well. After hearing learned counsel for the parties and perusing the record I have observed that during the occurrence both the parties had received injuries because the duration of injuries on the bodies of injured persons as it is apparent from the Medico-legal Reports tally with the time of occurrence. These Medico-legal Reports also show that the parties were taken to the 'hospital by the police on the day of occurrence. Interestingly the case was registered after many hours of the occurrence, i.e., much after the medical examination of both the parties but the F.I.R. is silent qua the injuries on the petitioner and other accused persons. The circumstances available on the record show that it is a case of two versions and which of the party had aggressed is yet to be determined by the trial Court. Petitioner had not caused any injury to the deceased and the precise allegation against him is that of causing injury to one of the prosecution witnesses. Similarly, during this occurrence petitioner had also received injuries and in such-like situation normally if there is no allegation qua causing injuries to the deceased the bail is granted to the accused person on the principle of further inquiry. Accordingly this petition is allowed and the petitioner is granted bail subject to his furnishing bail bonds in the sum of rupees one lac (Rs.1,00,000) with. one surety in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court. H.B.T./H-31/L Bail granted.