1989 P Cr (PLP)

Abdul Ghafoor Mangi Asstt. A.-G. for the State. Muhammad Asghar Khan for the Complainant called absent. The applicant is facing trial alongwith two co-accused under section 302, 307/34, P.P.C. The brief facts of the prosecution case are that on 8-6-1987 at 0015 hours one Gul Muhammad lodged a report inter alia, alleging therein, that he resides with his younger brother Jehanzeb. That stones were being thrown at night in their house since about a week. That on 27-6-1987 at 10-15 p.m. both the brothers were studying when stones started coming in their house. They went out of the house, in the meanwhile their neighbourer Muhammad Yousuf also came there. Saeed Karim, Bakht Karim and Gul Raheem were standing outside the house. Jehanzeb asked them as to who was throwing stones, on which they replied that they had not thrown stones and that the stones were being thrown m their house also. Thereafter all the three expressed that they will put them to death and then Saeed Karim lost his temper, took out Chhurri and attacked Jehanzeb causing injury on the right side of his chest, and other on the left side of stomach. Muhammad Yousaf tried attacked him with Chhurri who also received injuries on his stomach and left buttock. Bakht Karim attacked complainant with Chhurri and caused him injury below the left armpit, while Gul Rahim beat Muhammad Yousuf with stick. The incident was witnessed by Ahmed Khan, Muhammad Yousuf Haroon and the co-accused were arrested and after necessary investigation they were challaned. The co-accused were released on bail by this Court vide order dated 8-11-1987, The present applicant moved an application for bail before the learned trial Judge but the same was rejected vide order dated 7th February, 1988. I have heard the learned counsel for the applicant and learned A.A.-G. or the State. It has been contended by the learned counsel that there was no previous ill-will between the parties nor there was any intention to kill the deceased. That he fight was sudden, there was exchange of hot words 1hawee n the patties Before the actual incident, and that the applicant had also received knife injury on the side of his chest which has not been explained by the` prosecution, that there are counter-cases between the parties and it was yet to be seen as--to who was the aggressor. The learned A.A.-G. has conceded to the grant of bail to the applicant in view of the above circumstances. I have considered the contentions of the learned counsel. There is no allegation in the F.I.R. that there was any previous ill-will between the parties nor there was any allegation of motive against the applicant. It appears to be a case of sudden flare up in which both the parties have sustained injuries: There are, counter-cases between the parties and it is yet to be seen as to who was the aggressor. The other side has also been challaned in a case under, section 324, P.P.C. In view of the above circumstances I am of the considered view that it is a case which requires further enquiry and therefore I direct that the applicant shall be released on bail on furnishing surety in the sum of Rs.50,000 and P.R. bond in the like amount to the satisfaction of the trial Court. ?/S-393/K Bail granted.