1988 P Cr (PLP)

‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 307 & 148/149‑‑Bail, grant of‑‑Rule of consistency‑‑Counter‑version‑‑All other co‑accused released on bail‑‑Case of accused identical to one co‑accused already on bail‑ Grievous injury on arm of injured attributed to accused‑‑Truth of both versions yet to be seen‑‑Bail allowed in circumstances. Abdul Aziz Khan Niazi for Petitioner. Ch. Mushtaq Ahmad for the State. Date of hearing: 17th November, 1987. The petitioner alongwith five others is accused of causing injuries to Muhammad Nawaz and four others and having committed offences against sections 148, 307 read with section 149 of the P.P.C. The incident was reported to the police by Muhammad Iqbal P.W. on 23‑3‑1987. The prosecution case is that on 20‑3‑1987 at 7/8‑00 p.m. Races accused was present at the hotel of one Afzal, there Saleem, cousin of Muhammad Iqbal, complainant, told Races accused to go away, for he had insulted his father. Races left quietly. 15 `minutes later, he accompanied by the petitioner and four other returned to the spot. The petitioner and Races were armed with daggers. Muhammad Nawaz injured and others told them not to aggravate the matter. Races accused told his co‑accused to attack them. Races and Bashir gave dagger blows to Muhammad Nawaz; Races also gave dagger blows to Muhammad Ramzan P.W. The petitioner's co‑accused also caused injuries to others.

2. It is stated that four persons of the accused party, including the petitioner, were injured during the course of the incident and a cross‑complaint had been instituted. All the co‑accused of the petitioner have since been released on bail. The concession of bail was withheld from the petitioner on the ground that he had caused a grievous injury to Muhammad Nawaz P.W. That injury was on his arm.

3. It appears that the petitioner was arrested on 11‑4‑1987 an was allowed bail on 19‑4‑1987 Later, his bail was cancelled and he was arrested on 20‑9‑1987. It is maintained that the petitioner's case is identical to the case. of his co‑accused Races in particular; that the facts of this case do not attract section 307 of the P . P . C . for only grievous injury to Muhammad Nawaz was on his arm and in any case, there is a counter‑version of the incident and it will turn on evidence as to which of the two versions is true. In these circumstances I allow the petitioner to be released on bail on his furnishing bond in the sum of Rs.15,000 (Rupees fifteen thousand only) with one surety in the like amount to the satisfaction of the trial Court. S.A./B‑54/L Bail allowed.