' Seeking bail of the petitioner learned counsel for the petitioner submits that the only allegation against the petitioner is that he caused Sota blows to the injured-P.Ws. Muhammad Aslam and Muhammad Zubair; that it is a case of two versions in which two persons lost their lives i.e, Shah Nawaz died from the complainant side while Muhammad Asif lost his life from the petitioner/accused side and that the petitioner is entitled to the concession of bail.
2. The Police Officer present in Court along with the record submits that in the present case two challans have been submitted before the learned trial Court.
3. Learned counsel for the complainant, on the other hand, while opposing the prayer for bail submits that the petitioner is named in the F.I.R.; that he is involved in a case in which one person lost his life while two received injuries; that the petitioner actively participated in the occurrence sharing common intention with his co-accused; that the offence falls within the prohibitory clause of section 497(1), Cr.P.C. And that the petitioner is not entitled to the discretionary relief sought from this Court.
4. I have heard learned counsel for the parties and have also given anxious consideration to their respective submissions made at the bar. I would not like to go into the deeper merits of the case lest it may not prejudice case of either side before the learned trial Court. Suffice it to say that it is a case of two versions in which one person breathed his last from each side. In this case two challans have been submitted before the learned trial Court and it will be determined by the learned trial Court as to which party was aggressor one. In the afore-referred circumstances, this petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of the learned trial Court.