1989 P Cr (PLP)

Muhammad Afzal for Petitioner. Farooq Bedar, A.A.‑G. with Mian Muhammad Akhtar for the State. Date of hearing: 4th January, 1989. The petitioner, Syed Qasim Ali, has moved this petition for bail after arrest under section 497/498, Cr.P.C. in a case registered against him under section 365/307/324/342/148/149, P.P.C. at Police Station Saddar Daska, District Sialkot vide F.I.R. No. 133, dated 18‑7‑1988.

2. The allegation against the petitioner as that while armed with a hatchet, he inflicted an injury on the head of the complainant Muhammad Aslam on 18‑7 1988 in village Mundeke boraya, Tehsil Daska, District Sialkot. The injury attributed to the petitioner has been declared grievous. The challan of the case has also been submitted in Court.

3. The principal argument of the learned counsel is that this is a case of two versions inasmuch, as the petitioner was also injured at the hands of the complainant party and that he received as many as nine injuries on his person. It is next submitted that two injuries on the person of the petitioner were declared grievous. Accordingly, a case has also been registered against the complainant Muhammad Aslam under section 325, P.P.C. The learned State counsel submitted that the bail allowed to the complainant Muhammad Aslam has been cancelled by the learned trial Court. However, the learned counsel has contested this assertion on the part of the learned State counsel and in this behalf affidavit of Syed Shaukat Ali son of Barkat Ali has been placed on record to show that the complainant Muhammad Aslam has been released on bail by Mr. Sarfraz Ahmad Tarar, learned Additional Sessions Judge, Sialkot. The learned Additional Advocate‑General has no objection if bail is allowed to the petitioner as well on the principle of parity.

4. I have heard the learned counsel for the parties and have perused the record. It is admitted position in the case that both the parties were injured in the occurrence and two separate cases have been registered against both of them. The complainant in the case is also accused person m the case registered against him under section 325, P.P.C. The petitioner was injured and he received as many as nine injuries in the case out of which two injuries were declared grievous. An affidavit has been submitted by Syed Shaukat Ali Shah on behalf of the petitioner to show that the complainant Muhammad Aslam has also been admitted to bail. In view of the principle of parity, the petitioner too is admitted to bail in the sum of Rs.60,000 (Rupees sixty thousand) with two sureties each in the like amount to the satisfaction of the A.C., Silakot. Copy Dasti. The trial Court is directed to conclude the trial of the petitioner within next six months. H.B.T./Q/18/L Bail granted.