Through this single order I intend to decide Crl. Misc. No. 38884-B/2020 and Crl. Misc. No. 30174-B/2020 as both arise out of FIR No. 151/2020 dated 9-6-2020 registered at Police Station Noshera, District Khushab, for offences under Sections 324/148/149, PPC. In both these application the Petitioners seek pre-arrest bail.
2. Briefly , the prosecution case is that on 9.6.2020 the Petitioners and their co-accused formed an unlawful assembly and in furtherance of its common object launched a murderous assault on the complainant party . As a result, five persons were injured.
3. Arguments heard. Record perused.
4. Petitioner Sherbaz is accused of giving sota blow to Atif on the nose. The Medical Officer declared his injury as Shajjah-i-hashimahi. The Petitioners challenged his MLC but Atif did not appear before the District Standing Medical Board despite several notices. Hence, further inquiry is required to determine not only his guilt but also whether he has committed non-bailable of fence. The injuries attributed to the other Petitioners are bailable.
5. Even otherwise, this as a case of two versions one is set out in the FIR while the other is narrated by the petitioners. The learned trial Court would determine which party was the aggressor after recording evidence. On this ground also a case for pre-arrest bail is made out. Reliance is placed on Hamza Ali Hamza and others v. The State ( 2010 SCMR 1219 ) and Syed Darbar Ali Shah and others v . The Stateb ( 2015 SCMR 879 ).
6. For what has been stated above, these applications are allowed . Ad-interim pre-arrest bail already granted to the Petitioners is hereby confirmed subject to their furnishing fresh bail bonds in the sum of Rs. 200,000/- (Rupees two hundred thousand) each with two sureties each in the like amount to the satisfaction of the learned trial Court.