' This is bail after-arrest in case F.I.R. No.306 of 2002 dated 29-8-2002 registered on the complaint of Nazar Muhammad under sections 334/337-A(i)/337-A(ii)/148/149, P.P.C. At Police Station Saddar Kehror Pacca District, Lodhran.
2. According to the prosecution story narrated in the FIR. The petitioner armed with iron rod had inflicted injury on the person of complainant/injured.
3. Learned counsel for the petitioner contends that in fact complainant party was aggressor and they caused six injuries including one head injury to the present petitioner and the complainant party was also implicated and a number of accused were nominated in the cross-version got recorded by petitioner's party. Further contends that all the accused of both the sides have already been bailed out, the iron rod recovered from the petitioner was not blood-stained and the petitioner is in jail for the last more than one year without any progress in trial and at the same time on the rule of consistency the petitioner is entitled for concession of bail. Furthermore, the case of the petitioner is of cross-version as the petitioner himself suffered six injuries including one head injury. He relied on "Shoaib Mehmood Butt v. Iftikhar ul Haq and others" (1996 SCM R 1845), "Muhammad Aslam v. State" (1997 SCM R 251) and "Fazal Muhammad v. Ali Ahmad and others"
(1976 SCM R 391).
4. On the other hand learned State Counsel has vehemently opposed the bail petition on the grounds that the petitioner is nominated in the F.I.R., case of the petitioner falls within prohibitory clause of section 497, Cr.P.C. And challan has been submitted in the Court of competent jurisdiction.
5. I have heard the learned counsel for the parties and perused the record. Admittedly the case of the petitioner is of cross-version. All the accused of both the sides have been granted bail except the petitioner. Under the rule of consistency he is entitled to be bailed out. Furthermore, there is no progress in the trial so far hence, no useful purpose will be served by putting the petitioner behind the bars for indefinite period, therefore, the petitioner is admitted to bail in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction IA of learned trial Court.