This is an application for bail moved by Abbas son of Kbair Din who stands involved in a case under section 3021307/34, P. P. C. Registered against him and his co-accused at Police Station Mangtanwala, District Sheikhupura.
2. The facts relevant to the present petition are that there existed a dispute between the accused and Muhammad Bakhsh deceased. A portion of the land owned by Khair Din, father of -the petitioner was allocated in the 'Wanda' of Muhammad Bakhsh deceased by consolidation authorities. According to the prosecution, on the relevant date and time, the petitioner accompanied by his brother Raja mounted assault on the deceased. The petitioner allegedly gave a `Sofa' blow which landed on the right eye of the deceased. The other injury was allegedly is given by Raja. The deceased died in the hospital after over a month.
3. Learned counsel for the petitioner contended that it was a case of free fight in which petitioner's father Khair Din had suffered four injuries, out of which one injury was declared grievous It was next submitted that the prosecution had completely suppressed the injuries suffered by the accused party in this occurrence. It is also contended that there was no other enmity between the parties except the dispute over the possession of land referred to above. It was next stated that the injury ascri--bed to the petitioner was simple in nature as is obvious from the medico--legal report, a photostat copy whereof has been placed on record. He pointed out that this injury was healed and not mentioned in the post--mortem report or sketch of injuries appended therewith. It was lastly submitted that it was yet to be determined as to who was aggressor in the occurrence or in any case, each one of the accused would be responsible for the injuries attributed to him.
4. Learned counsel for the State opposed this petition and stated that the petitioner is named in the F. I. R. And specific role has also been attributed to him. He, however, has no answer with regard to the suppres--sion of injuries suffered by Khair Din, father of the petitioner in the occur--rence nor can positively state about the nature of injury attributed to the petitioner which specifically has not been reflected in the post-mortem report. It is true that the injuries suffered in the occurrence by Khairt Din, father of the petitioner, out of which one was grievous, has not been explained by the prosecution in the F. I. R. The question as to whether the accused party or the complainant party in this case was aggressor would require determination at the trial.
6. Without expressing any opinion on the merits of the case which may not influence the case of either side I direct that the petitioner be released on bail provided he furnishes security in the sum of Rs. 40,000 (Rupees forty thousands only) with one surety in the like amount to the satisfaction of A.C. Duty Magistrate, Sheikhupura.