' Petitioners Haqnawaz and Ghulam Shabbir have moved this post-arrest bail in case F.I.R. No. 430 of 2004 dated 4-11-2004 registered under sections 337-A (ii)/337-A(iii)/148/149, P.P.C. On the complaint of Muhammad .Nawaz son of Rajab Ali at Police Station, Sarai Sadhu District, Khanewal.
2. Prosecution story as narrated in the F.I.R. Is that on 3-11-2004 at 6-00 p.m. The complainant/injured was coming to his home and when he reached near the peter engine of Ajmal Shah, co-accused Wali Dad emerged there and raised Lalkara to teach him a lesson upon which, Haq Nawaz, petitioner armed with hatchet, Ghulam Shabbir armed with hunter, Muhammad Ramzan and Bashir Ahmad armed with Sotas came there, Haq Nawaz gave hatchet blow on left side of complainant's head, Ghulam Shabbir petitioner hit the nose and face of the complainant with his hunter. The complainant fell on the ground and all the accused persons gave him blows on different parts of body of complainant with their respective weapons, upon hue and cry, the P.Ws.
Attracted towards the spot and the accused persons fled away.
3. Learned counsel for the petitioners at the very outset does not press this bail petition to the extent of Haq Nawaz accused/petitioner No. 1.
4. Consequently this petition stands dismissed as withdrawn to the extent of Haq Nawaz petitioner No. 1.
5. Learned counsel for the petitioners to the extent of Ghulam Shabbir petitioner No.2 submits that in this case pre-arrest bail of Wali Dad accused has been confirmed by the learned Additional Sessions Judge vide order dated 23-4-2004 and Muhammad Ramzan and Bashir Ahmad have been allowed bail by the learned trial Court vide order dated 8-12-2004. Further submits that Ghulam Shabbir petitioner was not present at the spot when the occurrence took place so, he is innocent and has falsely been involved in this case.
6. Learned counsel appearing on behalf of the State has vehemently opposed the bail petition and submitted that challan has been submitted in the Court of competent jurisdiction on 8-1-2005, specific role has been attributed to Ghulam Shabbir petitioner so he is not entitled for the concession of bail.
7. I have heard the learned counsel for the parties and perused the record. Ghulam Shabbir petitioner was not found to be present at the spot during investigation which prima facie makes petitioner's case that of further enquiry. He is behind the bars for the last more than four months. In the circumstances of the case when other co-accused have been bailed out having specifically nominated in the F.I.R. The petitioner cannot be put behind the bars for an indefinite period.
Petitioner Ghulam Shabbir is allowed bail in the sum of Rs.50,000 with two sureties in the like amount to the satisfaction of learned trial Court.