' Learned counsel for the petitioner does not want to press bail application of Irfan petitioner and wants to withdraw the same. The petition to his extent stands dismissed as withdrawn.
2. According to the prosecution allegation set up in the F.I.R. Amar and Aman Ullah petitioners armed with knives, Saif Ullah armed with iron rod and Irfan petitioner whose bail application has been withdrawn armed with wicket had attacked and caused injuries to Muhammad Arshad nephew of Fayyaz Hussain complainant on 25-7-2004 at about 9-30 p.m. Out of which 3 injuries are by sharp-edged weapon and one injury is through pointed weapon and the remaining injuries are by blunt weapons.
3. It is contended on behalf of the petitioner that during police investigation the allegations set up in the F.I.R. Regarding the infliction of injuries by the respective accused/petitioners could not be substantiated and.It was found that only Irfan petitioner was armed with knife and he has caused sharp-edged weapon injury and the remaining petitioners were armed with sticks and that further Muhammad Asad and Amar son of Iftikhar, who had also been alleged specific role of causing injuries to the injured P.W. Had been found to be innocent.
4. The allegations against the present petitioners regarding infliction of injuries on the person of injured P.W. Could not be substantiated during the police investigation and then some of the accused nominated by the complainant had also been found innocent. According to the complainant, Irfan co-accused whose bail application has been withdrawn, was armed with stick and he had caused injuries with the same but during the police investigation it was found that the accused named by the complainant being armed with knives were in fact having sticks and Irfan co-accused alleged by the complainant to be armed with stick was in fact armed with knife and had caused sharp-edged weapon injury. Thus, it is doubtful as to which set of accused had caused blunt weapon injury on the person of the injured P.W. The prosecution story as couched in the F.I.R., thus, does not reflect the whole truth which makes the case of the petitioners who were found to be only carrying sticks at the time of occurrence a matter of further inquiry. As such, interim bail already allowed to Amar, Aman Ullah and Saif Ullah petitioners in hereby confirmed.
5.