This is an application for bail on behalf of Allah Dad, Muhammad, Yar, Manzoor son of Baqir, Naseer and Kabir in a case under section 148/302;307/324/325/352/149, P. P. C. Registered at Police Station Mian Channu vide F. I. R. No. 128, dated 15th May, 1981.
2. The prosecution case is that the petitioners alongwith five others in furtherance of their common object caused the death of Mst. Sahib Khatoon and injuries to Riaz Ali, Langar, Abdul Malik, Hanif, Ghulam and Mst. Daulan on 15th May, 1981 at 2 p. m. So far as the petitioners are concerned, it is alleged that they were armed with sotis and caused injuries to the deceased as well as the P. Ws.
3. It appears that both sides received injuries during the occurrence. On the side of the prosecution, the deceased received as many as three injuries with blunt weapons ; Mst. Daulan received three injuries caused with blunt weapon, simple in nature; Riaz received five injuries, all simple caused with blunt as well as sharp-edged weapon; Langar received three injuries caused with blunt as well as sharp-edged weapon, simple in nature ; Hanif received two simple injuries, caused with blunt weapon ; Ghulam received one simple blunt weapon injury ; Abdul Malik received six injuries caused with blunt weapon, out of which one has been declared grievous.
On the side of the accused, Manzoor son of Hameed received two simple injuries caused with blunt weapon ; Manzoor son of Baqir petitioner received three blunt weapon injuries, simple in nature, and Bashir received five injuries, one caused with blunt weapon and the rest with sharp-edged weapon, the sharp.-edged injury on his person was declared grievous.
4. Learned counsel for the petitioners submits that there are cross-- cases and it is yet to be determined as to who was the aggressor one. He explains that complaint has been lodged by the accused party against the complainant party in which the accused. Persons of the complaint case have been summoned to face trial under section 307/326/325/324/148/149, P. P. C. And the same is pending before the learned Judicial Magistrate, Khanewal. He further submits that according to the Medical Board, the injury on the chest of the deceased, which according to post-mortem was found fatal, had not caused the death.
5. As against this, learned State counsel has opposed this application.
6. After hearing the learned counsel for the parties, I find
(i) that Mst. Sahib Khatoon deceased had received three injuries and the allegations are that six persons, armed with sotas, had inflicted injuries on her person ;
(ii) that according to the Medical Board, the death was not caused by injury No. 3 which according pose-mortem was sufficient to cause death in the ordinary course of nature ;
(iii) that there are cross-cases and it is yet to be decided as to who was the aggressor; and
(iv) that the accused in the cross-case, who were summoned to face trial under section 307/326/3251324/148/149, P. P. C. Are on bail.
Without making any expression lest it may prejudice the merits of the case, I am of opinion that the matter requires further inquiry. The petitioners are allowed bail in the sum of Rs. 20,000 (rupees twenty thousand) each with one surety each in the like amount to the sat4faction of Resident Magistrate, Mian, Channu.