1. ORDER MUHAMMAD TASNIM, J.---The applicant Noor Muhammad alias Nooro Ghouri is booked in Crime No. 112/2010 of Police Station. Mehrabpur for offences punishable under sections 324, 337- A(i), A(ii), F(i), 506/2, 504, 34, P.P.C.
2. The facts of the prosecution case as set out in the arc as:-- "Complaint is that I am Munshi in Molasses Mandl Mehrabpur and am living with my uncle Muhammad Anwar Arain in Ward No.4 of Mehrabpur City. On 14-7-2010 I after closing my shop came to my house A; 7-00 p.m. Door was knocked I came out and saw that four persons each Noor Muhammad alias Nooro and Muhammad Arshad Ghouri and two unknown persons were standing.
3. Noor Muhammad alias Nooro Ghouri enquired about Waseem. I told them that he is not available in the house. Noor Muhammad Ghouri told that your by Waseem has fought with our by Aamir. We have come to take revenge. Saying so they went away. I narrated above facts to my uncle Muhammad Anwer on Telephone. I went to meet my cousin All Nawaz at Ali Clinical Laboratory where my cousin All Nawaz, Qazi Ghulam Mustafa and Muhammad Mureed and others were sitting.
4. I also sat there. At about 8-30 p.m. One unknown person came at the door of Laboratory and asked Ali Nawaz to come out. As soon as my cousin Ali Nawaz went out we also went behind him and saw Noor Muhammad alias Nooro son of Fateh Muhammad Ghouri, (2) Muhammad Arshad son of Hussain Ghouri, and one unknown person standing there. Nom- Muhammad alias Nooro who had lathi in his hand abused my cousin All Nawaz and told that today you would not he spared.
5. Accused Muhammad Arshad who has lathi in his hand, two unknown persons who took out pistols from their folds and challenged to kill him. Noor Muhammad alias Nooro Ghouri gave Danda blow on face of Ali Nawaz. Accused Muhammad Arshad gave Danda blows on his body, unknown persons also gave him pistol butt blows. We and citizens gave the names of 1-1 only Quran and rescued Ali Nawaz. Then all the four accused Noor Muhammad Ghouri, Muhammad Arshad and other unknown persons threatened us. The unknown persons directed weapons and said that not to complaint else you would be murdered. Ali Nawaz raised cries and fell on the road. Then accused persons went away on Motorcycle. Then we saw Ali Nawaz, he was unconcscious and was sustaining injuries on face, nose and eye and was bleeding from nose and mouth. I took him to Mehrabpur Hospital and got letter from Police Station but he was referred to Nawab Shah Hospital.
6. We took Ali Nawaz to Nawab Shah Hospital. Leaving Ali Nawaz in Hospital today I have come back and narrated the facts to uncle Muhammad Anwar and now I have ,come to complain that accused Noor Muhammad Ghouri, Muhammad Arshad Ghouri and two unknown persons who have been seen well and we would identify them on seeing. Due to above annoyance they in furtherance of their common intention have caused Danda blows and have seriously injured Ali Nawaz and directed weapons and issued threats of murder. I am complainant pray for redressal."
7. Learned counsel for the applicant at the very outset says that there is delay of 36 hours in lodging of the F.I.R. He further says that on the same allegations co-accused Muhammad Arshad has been admitted to pre-arrest bail by the Court of Additional Sessions Judge, Kandiaro. He further says that allegations in the F.I.R. Are general in nature and both the accused Noor Muhammad alias Nooro and Muhammad Arshad have given Danda blows to the injured Ali Nawaz as per F.I.R., one of the accused has been granted pre-arrest bail while the bail application of the present applicant has been rejected by the same Court without any reasonable ground. He further says that the case of the present applicant is on the same footings as that of co-accused Muhammad Arshad who has been granted pre-arrested bail. Learned counsel further says that the accused persons had no intention to kill the injured Ali Nawaz though as per F.I.R. Two unknown accused persons were armed with Pistols but there is no allegation of firing. The allegation against unidentified accused persons that of causing injury but not through pistol fire. Since co-accused has already been admitted to pre-arrest bail, it would be just and proper to admit the present applicant to bail.
8. Learned counsel says that this is a case of. Further enquiry in terms of subsection (2) of section 497, Cr . P.0 .
9. Learned A.P.-G. Has vehemently opposed the grant of bail. He says that specific role has been assigned to the present applicant as the accused had caused injuries on the vital part of injured Ali Nawaz, whereas the other co-accused has caused injuries on the non-vital part of the body of the injured, hence the case of the applicant is not at par with the co-accused Muhammad Arshad and the present applicant is not entitled for bail.
10. Since from the reading of F.I.R., it appears that allegation against the present applicant is similar as that of co-accused, hence in my view present applicant is also entitled for bail. Accordingly, I admit the applicant to bail subject to his furnishing solvent surety in the sum of Rs.1,00,000 (one Lac) and P.R. Bond in the like amount to the satisfaction of trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.