' SYED MUHAMMAD KAZIM RAZA SHAMSI, J. Tariq Mahmood petitioner seeks his release on bail in case F.I.R. No, 341, dated 28.6.2012 registered at Police Station, Saddar Jaranwala, District Faisalabad under Sections 302, 337-F5, 337-L2, 337-Al, 337-F1, 147, 149, PPC.
2. In the statement of accusation made by Haji Ilam Din the complainant of the case, it is narrated that petitioner Tariq Mehmood while armed with sota had caused injuries at the finger and thumb of the left foot of the deceased Salah-ud-Din. In the occurrence beside the petitioner Shabbir Ali, Liaquat, Muhammad Hussain and Muhammad Kashif participated and caused injuries at the person of Salah-ud-Din resulting into his death.
3. It is argued by the learned counsel for the petitioner that the injuries attributed to the petitioner is on the non-vital part of the body of the deceased which is also not the cause of his death and Medical Officer declared the injuries as abrasion. Further adds that it is case of cross-version and the same has been lodged and investigated by the police, according to which the petitioner Tariq had also received injuries during the fight which injuries had been concealed by the complainant while lodging F.I.R.; that a private complaint is also on its way on trial and the co-accused has already been admitted to bail by this Court vide order 17.1.2013. Further contended that accused of cross-version namely Muhammad Yasin, Manzoor Ahmad, Nasirud-Din and Bashir Ahmad were admitted to bail by this Court on 24.9.2012, therefore, the petitioner is also entitled to the same relief.
4. The petition has been opposed by the learned DPG assisted by the learned counsel for the complainant with the submissions that the petitioner is an accused of causing of injuries to the deceased, as he had acted in furtherance of common object and he is equally liable for the sentence to be awarded for the death of Salah-ud-Din. He further submitted that the presence of the petitioner at the time of occurrence at the spot is established and that challan in the case has been submitted in the Court, therefore, at this stage the petitioner is not entitled for the concession of bail.
5. Parties heard. Record perused.
6. No doubt by lodging cross-version the time, date and place of occurrence vis-a-vis presence of the petitioner at the spot stood admitted but the question as to what role the petitioner had played in the commission of offence is to be determined by the learned Trial Court during the trial including the question of prosecution of common intention. Even otherwise the injuries attributed to the petitioner is not reported to be fatal to the life of Salah-ud-Din rather this injury appears to be mere abrasion measuring 2 c.m., thus at this stage it cannot be said that this injury was caused by the petitioner or it was result of the act of some other accused. Viewing the case from each angle, if is observed that the guilt of the petitioner is yet to be probed, therefore, at this stage; the petitioner is entitled for the concession of bail.
' In view of the above, this petition is allowed and petitioner Tariq Mahmood is admitted to post- arrest bail subject to his furnishing bail bonds in the sum of Rs, 1,00,000/- with one surety in the like amount to the satisfaction of the learned Trial Court.