The petitioners have approached this Court for grant of bail after their earlier bail petition has been rejected in the case F. I. R. No. 55 dated 19-4-1982 under section 302/307/148/149, P. P. C. Registered at Police Station Sadar Burewala by Additional Sessions Judge, Vehari on 15-7-1982.
2. According to the prosecution the petitioners alongwith four others while armed with deadly weapons in prosecution of their common object caused death of Muhammad Ali and made attempt on the life of Akbar Ali and Muhammad Sarwar P. Ws. The motive for the offence is Stated to be that both the parties differed over the appointment of Imam of their mosque, therefore, their relations were strained for quite some time. It is stated that a day prior to the occurrence Bashir co-accused of the peti--tioner picked up a row with Abdul Majid a partyman of the complainant which led to the present occurrence.
On 19th April, 1982 at 9-CO a. m. Akbar Ali P. W. Was going to Burewala and when he reached near the shop of Taj Din the petitioner and their companions attacked hits; with sticks. He raised alarm which attracted Muhammad Ali deceased and Sarwar P. W. Ghulam Muhammad and Suboh Sadiq petitioners caused injuries on the person of Akbar Ali P. W. Who suffered five simple blunt weapon injuries. Sooba and Shafi petitioners inflicted blows on the person of Muhammad Sarwar P. W. Who suffered three simple blunt weapon injuries on the hands. Muhammad Ali deceased received four, injuries including one head injury which\ later proved to be fatal. These were attributed to Farzand and Bashir Co--accused of the petitioners.
Initially a case under sections 307; 325, 148/149, P. P. C. Was registered but subsequently section 302, P. P. C. Was added as Muhammad--Ali expired in the hospital where he was under treatment.
4. It may be mentioned that Ghulam Muhammad petitioner was also injured during the incident and suffered five injuries, out of them one was found grievous. Among his companions Khushi Muhammad, Ashraf, Bashir and Farzand also got injured. The petitioner's side suffered 29 injuries, one of them being grievous in nature and the other dangerous to life, as against a total of 12 injuries suffered by the complainant party. Above a fortnight later, a cross-case was registered at the instance of Ghulam Muhammad petitioner vide F. I. R. No. 55, dated 5-5-1982 under sections 307, 325, 326, 148/149, P. P. C. Against the complainant party of this case. The P. Ws. Mentioned in this case were dubbed as accused and also as "aggressors".
5. I have heard the learned counsel for the petitioners as well as for the complainant. Nobody: however, represented the State.
I have considered the arguments of the learned counsel and perused the authorities relied upon by theta. The fight has taken place in a bazar where both the parties appear to have reached, duly armed. The accused side suffered double the number of injuries suffered by the com--plainant party. None of the petitioners caused any injury to the deceased. There is a controversy over the cross-case as if it was challaned or cancelled. Be that as it may a cross-case was registered and investigated and the injured persons of the accused side were examined simultaneously with injured persons of the complainant party.
7. Having considered the facts and circumstances of the case, I am of the view that there is enough room for further probe, to determine as to which of the two parties was the aggressor and petitioners' case is thus obviously covered by section 497 (2), Cr. P. C.
8. Consequently I am inclined to hold that the petitioners are entitled to be released on bail. The result is that this petition is accepted and the petitioners are directed to be released on bail subject to their furnishing security in the sum of Rs. 10,000 each with one surety each in the like amount to the satisfaction of Assistant Commissioner, Duty Magistrate, Burawala.