2003 P Cr (PLP)

Mehr Muhan A Ramzan Sial for the State. Haji Noor Ahmed and Mushtaq, the petitioners have sought for bail after arrest in case F.I.R. No.453 of 2001 under sections 337-A(ii) (iii)(v)/337-F(i)(v)/337-L(ii)/148/149, P.P.C. registered with Police Station Harappa, District Sahiwal.

2. Briefly the prosecution case as per F.I.R. is that on 23-12-2001 at about 10-00 a.m. they alongwith their co-accused while armed variously in prosecution of the common object of the unlawful assembly formed by them had caused injuries to the complainant Falk Sher, Nazir Ahmad, Punnu, Riaz and Hanif.

3. The motive behind the occurrence is that the complainant party had cut the Watt of the accused.

4. The bail has been sought by them on the ground that they have been falsely roped in; that there is delay of four days in lodging the F.I.R.; that there is cross-version from their side against the complainant party and to the same they (complainant party) have been summoned vide the order dated 20-7-2002 recorded by Sh. Muhammad Kashif, learned Magistrate 1st Class, Sahiwal and so it is yet to be seen that who was aggressor and who was aggressed upon; that they are behind the bars for the last about 9 months without any progress towards their trial; and that they are previous non-convicts.

5. On the other hand, learned counsel for the State has opposed the petition on the ground that they are named in the F.I.R.; that they alongwith co-accused while armed vicariously had attacked the complainant party and have injured their five persons.

6. I have considered the submissions advanced by the learned counsel for the parties with the help of available record.

7. There is cross-version of the alleged incident in the shape of private complaint brought by co-accused Muhammad Yar against the complainant Falk Sher and others under sections 365/342/337-A(i)/ 337-F(i)/337-L(ii)/382/148/149, P. P. C. in respect of the same occurrence, as mentioned in the instant F.I.R. and in the same they (complainant party) have been summoned on 20-7-2002 by the aforesaid learned Magistrate considering that prima facie offence under sections 337-A(i)/337-F(i)/ 337-L(ii)/382/148/149, P.P.C. has been made out against them. Therefore, this is yet to be seen that who was aggressor and who was aggressed upon. The same can be done at the trial. Their case thus, is covered under subsection (2) of section 497, Cr.P.C. requiring further inquiry into their guilt. They are stated to be behind the bars for the last about nine months and previous non-convict.

8. In these circumstances, I find them entitled to bail. The petition, is, therefore, accepted and they are admitted to bail provided they furnish bail bonds in the sum of Rs.50,000 (Rupees fifty thousand only) each with one surety each in the like amount to the satisfaction of the learned trial court. H.B.T./N-274/L Bail granted.