' MRS. YASMIN ABBASEY, J.--- Case of prosecution is that on 15-1-2006, when complainant along with his father and cousin Dost Ali was going on motorcycle, these applicants in company of their other companions duly armed with Lathi and hatchets came in the way and because of old enmity in between the complainant party and the accused persons, attacked on complainant, his father and Dost Ali.
2. From the contents of F.I.R. It appears that accused Muhammad Nawaz is said to have inflicted Lathi blow on the head of complainant whereas, the other accused not named in the F.I.R., duly armed with Lathis, caused injuries to Dost Ali on different parts of the body, which as per medical report declared as Shajjah-i-Madiyah and Shajjah-i-Khafifah, but it is not clear that out of the other accused persons not named, which one had caused injuries to injured Dost Ali.
3. It is contended by learned counsel for the applicants that all the offences charged are punishable with 5 years imprisonment as such does fall within the prohibitory clause of section 497 of Criminal Procedure Code.
4. Mr. Anwar Hussain Ansari learned State Counsel on account of simple nature of injuries caused to complainant party has conceded to the grant of bail to these applicants.
5. Apparently except applicant Nawaz no specific role has been assigned against other applicants.
The blow inflicted on the complainant's head though is on vital part of body but as per medical report as referred by learned State Counsel is Shajjah-i-Khafifah with no exposure of bone.
Whereas as per contents of F.I.R. Other accused inflicted Lathi blows to Dost Ali. As to who caused this injury, is not appearing. Mere fact that allegation against applicants Nos.1 and 3 are of general nature, no specific injury sustained by the victim is assigned to any particular accused. Medical report is also not on record to find out the number of injuries received by victim. Hence under the circumstances Court cannot go beyond the facts of case and material available on record, which at the moment in view of above discussion makes out a case of further inquiry.
6. Considering all these facts, applicants are enlarged to bail subject to their furnishing solvent surety in the sum of Rs,50,000 (Rupees fifty thousand) each and P.R. Bond in the like amount to the satisfaction of learned trial Court.