Muhammad Siddique son of Ameer Bakhsh, the petitioner, by filing this petition has sought post- arrest bail in case F.I.R. No, 647, dated 8.10.2008, registered against him and others, namely, Muhammad Latif, Muhammad Rafique. and Muhammad Saleem with Police Station Saddar Arifwala, District Pakpattan Sharif for offences under Sections 302, 324, 337-A(i), 337-A (ii), 337-F (v), 337-L(2)/34 P.P.C. at the instance of Muhammad Ashraf son of Wali Muhammad-complainant.
2. Precisely the allegation against the petitioner, according to the F.I.R, was that he along with his son co-accused while variously armed assaulted upon the complainant party, during the course of which Muhammad Latif and Muhammad Rafique while armed with hatchets inflicted one injury each on the head of Arshed, brother of the complainant, when the complainant stepped forward, Muhammad Latif delivered him a hatchet blow from its revers on his left arm; thereafter Muhammad Saleem, who was carrying a pistol, inflicted two injuries with butt end of the pistol on the left and right eyes of the complainant; then the petitioner also delivered two injuries to Arshad with his Sota, one on the nose and the other on the left eye.
3. After hearing the learned counsel for the petitioner as well as the learned Assistant District Public Prosecutor for the State and going through the record, it has been observed that the only role assigned to the petitioner was that of causing injuries on the nose and left eye of Arshad deceased.
Perusal of the postmortem examination report reveals that there is no injury on the left eye of the deceased, however, there was Injury No, 3, which is on the right upper eyelid. Injury No, 4 is a contused swelling on the bridge of nose, which falls within the purview of Section 337-A(i) P.P.C. punishable with two years imprisonment. The fatal role of inflicting injuries on the head of the deceased are attributed to Muhammad Latif and Muhammad Rafique, co-accused of the petitioner. The contention of the learned counsel for the petitioner that it was a free fight, during the course of which the petitioner and his two sons also suffered injuries at the hands of the complainant party finds support from the medico-legal reports of the petitioner and his sons, namely, Muhammad Rafique" and Muhammad Latif, for which cross-versions was recorded on the basis of statement of Muhammad Rafique. The injuries suffered by the petitioner and his sons were concealed by the complainant while lodging the F.I.R. The facts and circumstances of the case, mentioned hereinabove, in my view, makes the case of the petitioner one of further inquiry within the meanings of sub-section (2) of Section 497 Cr.P.C. He was arrested on 12.11.2008 and is behind the bars ever since. His further incarceration in view of the peculiar facts and circumstances of the case would amount to punishment before trial.
4. Resultantly, this petition is allowed and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs, 1,00,000/-(Rupees one lac) with one surety in the like amount to the satisfaction of the trial Court.