1983 PCr (PLP)

As against this six accused persons were found injured. (1) Mumtaz received three injuries ; all simple caused with blunt weapon. (2) Mazhar Hussain received four simple injuries caused with blunt weapon. (3) Manzoor Hussain received five simple injuries caused with blunt weapon. (4) Ghazanfar received two injuries with blunt weapon out of which one on the head was grievous while the other was simple. (5) Zahid Hussain received three injuries caused with blunt weapon, out of these one on the hand was grievous while the remaining two were simple. (6) Zaigham Mahmood received simple injury caused with blunt weapon.

3. The injuries suffered by the accused party have been explained in the F. I. R. in the manner that during the occurrence some persons arrived at the spot they hurled stones and thereby caused injuries to the accused persons.

4. A cross‑case was also got registered by the accused party at 8.45 a. m. on the same day vide F. I. R. No. 76/81 at the same police station. Qurban Ali, S.‑I. present in Court informs that both the cases have been challaned. He further states that according to the investigation, the occurrence had taken place near the house of Ghazanfar Ali accused (the place of occurrence according to F. I. R. No. 76/81).

5. Learned counsel for the petitioners submits that there are Cross cases and it is yet to be decided as to which of the parties was, in fact, aggressor one and that in any case the question of vicarious liability needs serious consideration.

6. As against this learned counsel for the State submits that there are reasonable grounds for believing that the petitioners have committed an offence punishable under section 302/149, P. P. C.; Injuries suffered by the deceased and the P. Ws. have not been explained in F. I. R. No. 76/81 ; it seems that according to the investigation the occurrence had taken place at the spot given in F. I. R. No. 79/81 and that the blood was taken into possession from that place.

7. After hearing the learned counsel for the parties, I find‑-- (i) that there are cross‑cases about the same incident and it is yet to be determined by the trial Court as to who had opened the attack ; (ii) that according to the statement of the Investigating Officer, present in Court, the occurrence had taken place at the spot as given in F. I. R. No. 76/81 ; and (iii) that the accused persons of F. I. R. No. 76/81 are on bail.

8. Without entering into the merits and making any expression lea it may prejudice the case of either side, I am of the opinion that, at least, the matter requires further inquiry. The petitioners are allowed bail in the sum of Rs. 10,000 (rupees ten thousand) with one surety, each in the like amount, to the satisfaction of A. C. Jhelum. M.Y.M Bail granted.