1. ' MRS. QAISAR IQBAL, J.---Applicant Khan alias Ali Khan son of Wali Muhammad has applied for bail in Crime No,38 of 2006, registered at Police Station, Bhan under sections 337-A(i), 337-L(ii), 337-F(i), 337-F(vi), 147, 148, 149 and 504, P.P.C.
2. ' Complainant Karam Ali has lodged report alleging that on the day of incident, he along with his uncle Loung and sister's son Pehalwan, Nisar, Wahid Bux, all by caste Rang resident of village Rang.
3. Taluka Sehwan were doing labour of chuff and were returning back towards their village, when the complainant party reached near Shell Petrol Pump at Bhan where Rab Dino, Khan armed with hatchets. Sain Dino, Soomar, Ali Muhammad armed with Lathies and Sher armed with gun reached at the spot on account of past enmity upon landed property exchanged abuses. Uncle of the complainant called upon the applicants to resist from exchanging abuses, on the exchange of harsh words, co-accused Rab Dino caused injuries with blunt side of the hatchet to the uncle of complainant Loung on head, backside of the body, blood started oozing from the head of Loung whereas applicant Khan also caused ,injuries with blunt side of the hatchet to Pehlwan on his head, arms and legs, co-accused has also, inflicted injuries and after committing the offence, they decamped from the scene of offence. Later, injured shifted to Bhan hospital and then lodged the report.
4. ' Learned counsel for the applicant has contended that the injuries caused fall under section 337- F(vi) are not attributed to the applicant. There is history of past enmity between the parties, whereas the brother of the applicant was murdered at the hands of complainant party, the applicant left his village and is living at Bhit Shah Town, District Matiari. It is further urged that the Civil Suit No,16 of 1997 is pending adjudication between the complainant and the applicants whereas Suit No,11 of 1997 was filed by the uncle of the complainant against Ali Khan the present applicant and others. It is urged that the offence with which the applicants is charged does not fall within the prohibitory clause of subsection (2) of contemplated section 497, Cr.P.C. Therefore, the applicant is entitled to the concession of bail.
5. ' Learned A.A.-G. Did not oppose the bail application on account of the injuries sustained by the victim/injured Loung uncle of the complainant as well as caused to victim Pehalwan with blunt side of the hatchet.
6. The incident had occurred on account of the past enmity, the offence with which the applicant is charged does not fall within the prohibitory clause contained in section 497, Cr.P.C.
7. ' In view of the above facts and circumstances of the case, applicant is hereby admitted on bail subject to furnishing surety in the sum of Rs,100,000 (Rupees one hundred thousand) and PR bond in the like amount, to the satisfaction of the trial Court.