MANZOOR AHMAD MALIK, J.---Petitioners seek leave to appeal again st the order dated 18.10.2019, whereby bail was refused to them by the learned Peshawar High Court, Peshawar in case FIR No.635 dated 08.07.2019, offences under sections 324, 337-D, 337-A(ii), 337-F(ii), 34, P .P.C., registered at Police Station AMJS, Peshawar .
2. The allegation against the petitioners, as per contedts of FIR, is that they while armed with Churris caused injuries on the person of the complainant and his brother Fida.
3. We have heard learned counsel for the parties and have perused the available record with their assistance.
4. During the course of arguments, it has been noted by us and as confirmed by the learned State counsel under instructions of the police officer present with record that during the occurrence two persons from petitioner side namely Saqib and Majaz, petitioners Nos. 1 and 3 also sustained injuries but those injuries have not been disclosed in the FIR. Learned counsel appearing on behalf of State also confirms that a cross version in this regard was also recorded and Challan in both cases i.e. FIR and cross version has been submitted. In these circumstances, it is for the trial court to determine as to who was the aggressor and who was aggressed upon, of course, after recording evidence of the parties. As for now, case against the petitioners calls for further enquiry falling within the ambit of section 497(2), Code of Criminal Procedure.
5. For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed.
Appellants Saqib, Maarifat and Majaz are allowed bail (in the instant FIR) subject to their furnishing bail bonds in the sum of Rs.100,000/- (Rupees one hundred thousand) each with one surety each in the like amount, to the satisfaction of the learned trial court.