' Haseeb Ullah and Haji. Aslam petitioners have moved separate pre-arrest bail applications in case F.I.R. No,210 of 2004, under sections 324/148/149, P.P.C. Registered at Police Station Misri Shah, District Lahore, whereas, the complainant has moved an application for cancellation of the interim bail allowed to the petitioners. All the . 3 petitions are being jointly disposed of by this single order.
2. According to the prosecution allegation set up in the F.I.R. On 19-4-2004 at about 9-30 a.m.
Karamat Hussain co-accused who is real brother of Ghazanfar Hussain injured P.W. Along. With his two sons Haseeb Ullah petitioner, Saad Ullah co-accused, Zareena, Mohsin Shah, Ahsan Shah alias Guddu and unknown person being armed with fire-arms had attacked and caused injuries to Ghazanfar Hussain P.W. Karamat Hussain was armed with hatchet, unknown culprit was armed with pistol, Haseeb Ullah petitioner and Saad Ullah co-accused were armed with knife, Ahsan Shah alias Guddu and Mohsin Shah were armed with rifle and they all caused injuries on the arm and leg of the injured P.W. And when he became unconscious, they made good their escape while resorting to firing in the air.
3. According to initial medico-legal report Ghazanfar Hussain injured P.W. Sustained three incised wounds on his person and four superficial cut and all the injuries were declared to have been caused by sharp-edged weapon and subsequently on the application of the complainant, the Medical Board comprising of 4 senior doctors was constituted which found the marks of seven injuries on the person of the injured P.W. And had also observed that there was a fracture of bone of right fore arm and the injuries which were declared by the first examination report as incised were declared by the Surgeon as lacerated.
4. It is pleaded on behalf of the petitioner that the name of Haji Aslam has not been specifically mentioned in the F.I.R. As the culprits and no role whatsoever has been attributed to him in the occurrence and that Haseeb Ullah petitioner has been alleged to be armed with knife but no specific injury has been attributed to him and the report of the subsequent Medical Board that all the injuries sustained by the injured P.W. Were lacerated, belies the prosecution story that he had caused the injuries to the injured P.W. With knife and that during police investigation the statement of Ghazanfar Hussain injured P.W. Was recorded in which he stated that his wife while lodging the F.I.R. Had involved Mohsin Shah and Ahsan Shah as co-accused who were not present at the scene of occurrence and that only Haseebullah and his brother Ahsan Shah alias Guddu who are brothers of Mst: Zrina Bibi had participated in the occurrence along with Karamat Hussain co- accused and they with the help of three unknown culprits had felled him on the ground and caused him injuries and that the entire prosecution story revealed in the F.I.R. And in the statement under section 161, Cr.P.C. Is not only in conflict with each other but also with the medical evidence.
5. The name of Haji Aslam petitioner has not been specifically mentioned in the F.I.R. And no role whatsoever in the occurrence has been ascribed to him. During police investigation Ghazanfar Hussain injured P.W. Had got recorded his statement in which he changed the names of the culprits mentioned in the F.I.R. And stated that Hamid Shah his brother Ahsan Shah alias Guddu and Karamat Hussain along with three unknown culprits were responsible for the occurrence and he also did not ascribe any specific role to Haseeb Ullah petitioner as well. In the first medical legal examination the injuries of the injured P.W. Were observed to be four in numbers and were declared to be of incised, in nature but in the subsequent medical examination conducted by the Board all the incised injuries were held to be lacerated injuries which again belies the prosecution version that the deceased had suffered any sharp-edged weapon's injury on his person and thus role alleged to Haseeb Ullah that he caused knife blow to the injured P.W. Also becomes a matter of further inquiry.
6. From material on file it is not discernible as to what role has been played by any of the petitioner in the occurrence and whether they caused any injury to the injured P.W. Or not. Thus, their case appears to be of further inquiry. The interim bail already allowed to them is confirmed.
Interim .