ANWARUL HAQ, C. J.-Petitioner Lakaullah, along with nine others, is facing prosecution under sections 114, 147, 148, 307, 323, 324 and 448 of the Pakistan Penal Code read with section 149 thereof, on the basis of a First Information Report made by one lkram-ud-Din on the 27th of July, 1979, at Police Station, Tando Adam in the Hyderabad district. A learned Judge of the Sind High Court has, by his order dated the 19th of August, 1979, refused bail to the petitioner, while allowing this concession to eight other co-accused. It appears that co-accused Muhammad Bakhsb, the part played by whom will be mentioned presently, did not apply for bail in the High Court. The petitioner seeks leave to appeal.
2. From the material available at present, it appears that the dis--pute between the parties relates to the possession of a cotton-ginning factory, and, according to the F.
1. R., the complainant and his companions were attacked by about 20 persons including the petitioner and his co-accused, who were armed with hatchets and Dang. Two hatchet blows were delivered on the head of Ikram-ud- Din, one by the petitioner and the other by co-accused Muhammad Bakhsh. Out of these two injuries one was found to be grievous. The learned Judge in the High Court has, therefore, refused to allow bail to the petitioner as one of the head injuries is attributed to him.
3. Leave to appeal is sought on the ground that the dispute has since been compromised in the civil Court, and that it was not at all clear as to whether the grievous injury on the head of Ikram- ud-Din had been caused by the petitioner, as it might very well have been the result of the blow alleged to have been given by co-accused Muhammad Bakhsh. The learned counsel submit that as the complainant party were alleged to have been attacked by as many as 20 persons, it was really not possible for Ikram-ud-Din specify as to which blows were given by the petitioner.
4. We find that the composition of the dispute on the civil side has no direct bearing on the culpability of the petitioner and his co-accused in the matter of causing injuries to Ikram-ud-Din and eight of his companions, On the present record, it does appear that the complainant attributed on of his head injuries to the petitioner, who was alleged to be armed with hatchet: It is, in the circumstances, immaterial whether the injury cause by the petitioner was grievous in nature or not. On the allegations, as the stand, the petitioner delivered a hatchet blow on a vital part of the body of the complainant, and prima facie therefore, the offence would appear to fall under section 307 of the Pakistan Penal Code, in addition t the other section which may be applicable. The learned Judge in the High Court was, therefore, right in refusing the concession of bail to the petitioner.
5. As a result, this petition fails and is hereby dismissed. The interim bail granted to the petitioner by this Court on the 22nd of September, 1979, is recalled.