' MUHAMMAD NAWAZ BHATTI, J.---The petitioners seek post-arrest bail in cross-version under sections 337-A(ii), 337-F(ii) and 34, P.P.C. Recorded in F.I.R. No.193 dated 4-7-2005 at P.S. Tulamba District Khanewal.
2. This case was initially got registered by the petitioner Shaukat Ali. According to the contents of the F.I.R., on 4-7-2005 at about 9-00 a.m. Within the area of Mauza Phepari Aaya Khera, Tehsil Mian Channu, District Khanewal, accused Allah Ditta and others duly armed with deadly weapons, by forming unlawful assembly and in furtherance of their common object, assaulted on the complainant party of the F.I.R., as a result whereof, the complainant as well as his brothers Qamar Abbas and Riaz sustained injuries while the complainant's father Falaksher was seriously injured. All the injured reached R.H.C. Tulamba for medical treatment where Falaksher succumbed to the injuries.
3. On 19-7-2005 upon the statement of Allah Ditta accused in the said F.I.R., cross-version was recorded against the petitioners. According to the contents of the cross-version, on 4-7-2005 at about 9-00 a.m. Within the area of Shakru-key Dar, Bhopari Aya Khera, Mian Channu, the petitioner Shaukat Ali duly armed with Toki, Qamar Abbas petitioner armed with Sota, with their common intentions, assaulted on Allah Ditta, Muhammad Hayat, Muhammad Nadeem and Mst. Amiran.
Allegedly the petitioner Shaukat Ali inflicted injuries with wrong side of Toki hitting Allah Ditta on his head while the petitioners Qamar Abbas and Hayat gave Sota blows on different parts of his body.
Then the petitioner Muhammad Riaz gave Sota blow hitting Muhammad Hayat on his head, whereafter the petitioner Qamar Abbas gave Sota blow hitting P.W. Nadeem on his head. Mst.
Amiran Bibi came forward for the purpose to rescue the injured P.W. Whereupon the petitioner Shaukat Ali inflicted Toki hitting at her petitioners behind the bars for an indefinite period.
4. In view of the above circumstances, the petitioners are allowed bail subject to their furnishing bail bonds in the sum of Rs.1,0(30,000 (rupees one lac) with two sureties each in the like amount to the satisfaction of the trial Court.
5. Learned counsel for the petitioners has contended that there is a delay of 15 days in recording the cross-version of Allah Ditta accused in F.I.R. No.193 dated 4-7-2005 and that both the parties sustained injuries and as such it is a case of cross-version and it is yet to be ascertained as to who was the aggressor. Reliance in this behalf is placed upon Bashir Ahmad v. State (2005 YLR 1201) and Shoaib Mehmood Butt v. Iftikhar-ul-Haq and 3 others (1996 SCM R 1845).
6. On the other hand, learned counsel for the State assisted by learned counsel for the complainant has vehemently opposed the bail application.
7. Arguments heard. Record perused.
8. Admittedly, there is a delay of 15 days in recording the cross-version of the accused in the said F.I.R., namely, Allah Ditta. Both the parties sustained injuries and it is yet to be ascertained as to who is the aggressor. The offence attributed to the petitioners does not fall in the prohibitory clause of section 497, Cr.P.C. Challan has been submitted in Court on 30-11-2005 and the petitioners are no more required by the police for the purposes of investigation. No useful purpose will be served to put the corm.