1. ASIF SAEED KHAN KHOSA, J.
2. Criminal Miscellaneous Application No. 20-L of 2013 For the reasons mentioned in this miscellaneous application the same is allowed and the delay in filing of Criminal Petition No, 21-L of 2013 is condoned. Disposed of.
3. ' Criminal Petition No, 21-L of 2013
2. It is not disputed that Muhammad Boota petitioner had not caused any injury to Mst. Sobia deceased and the only specific allegation levelled against him in the F.I.R. Is that he had given blows with the butt of his Kalashnikov to Hashim Ali P.W. The Medico-Legal Certificate issued in respect of Hashim Ali P.W. Shows that he had not received multiple injuries and the only injury sustained by him attracted an offence under section 337-A(i), P.P.C. Which offence is bailable. The remaining allegations levelled against the petitioner in the F.I.R. Were couched in generalized and collective terms and no other specific injury had been attributed to the petitioner therein. TheF.I.R.
4. Registered in this case itself refers to the fact that during the incident in issue some men and women belonging to the petitioner's side had also received injuries at the hands of the complainant party and during the investigation a cross-version of the same incident had been advanced by the accused party of this case. It is not denied that despite allegedly having been armed with a kalashnikov the petitioner had not fired from the same and this is a circumstance which will be considered by the learned trial Court during the trial while determining the issue regarding sharing of common object by the petitioner with his co-accused. A background of strained relations between the parties finds a specific mention in the F.I.R. And thus, a possibility regarding exaggeration by the complainant party qua the petitioner cannot safely be ruled out of consideration at this stage. In the above mentioned peculiar circumstances of the case the assertion of the learned counsel for the petitioner regarding mala fide implication of the petitioner in the case in hand has appeared to us to be an assertion which may not be without any foundation or substance. For all these reasons this petition is converted into an appeal and the same is allowed and, consequently, Muhammad Boota petitioner is admitted to pre-arrest bail in the relevant criminal case subject to furnishing bail bond in the sum of Rs,50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned Area Magistrate of Police Station Sabz Pir, District Sialkot within a period of two weeks from today.