' M.A. ZAFAR, J.---Petitioners namely Nawaz, Ramzan Mumtaz sons of Ahmed, Nawaz son of Allah Dita, Ahmad and Ramzan sons of Khan who are accused of cross version having recorded in F.I.R.
No,268/08, dated 23-8-2008 under sections 337-F(iii), 342, 337-A(i), 337-L(ii), 148 and 149, PPC at the instance of Muhammad Mumtaz an accused of F.I.R. No,268, dated 23-8-2008 registered with Police Station Barana District ,Jhang under sections 452, 337-A(ii), 337-L(ii), 337-A(i), 147 and 149, P.P.C. At the instance of Allah Yar seek bail before arrest.
2. That according to the cross version recorded by Muhammad Mumtaz, petitioners armed with different weapons gave beating to the complainant as well as to the injured and thus the present petitioners were made accused of cross-version.
3. Learned counsel for the petitioner submits that all the offences are bailable except offence under section 337-F(iii) and the injury for the said offence on the person of Muhammad Ali injured has been attributed to Mumtaz son of Ahmad petitioner.
4. Learned D.P.G. Has opposed the grant of bail on the ground that it is an extra-ordinary relief which is meant for innocent persons to save them from the humiliation.
5. After hearing the parties and perusing the record I find that there is delay of almost one month in registering the cross version, there are five injured from the side of the petitioner. There are five injuries on the person of Ahmad, three injuries on the person of Nawaz, two injuries on the person of Ramzan, four injuries on the person of Mohassan Abbas and two injuries on the person of Zahoor and similarly three persons of the complainant side of the cross version/accused of F.I.R. Namely Asif Ali got three injuries, Muhammad Ali two injuries and Muhammad Mumtaz six injuries. It will be decided during the trial after recording and evaluating the evidence which party was aggressor.
However, since all the injuries attributed to the accused persons except injury attributed to Muhammad Nawaz son of Ahmad petitioner on the person of Muhammad Ali injured P.W. Causing fracture of his finger are simple in nature. Therefore, ad interim bail granted to the petitioners except Nawaz son of Ahmad is confirmed. Bail application to his extent is dismissed. Adinterim pre- arrest bail confirmed.