This is an application for bail on behalf of Inayat, Hayat and Nur Samand in a case under section 302(1481149, P. P. C. Registered at Police Station Hujra Shah Maqeem vide F.I.R. No. 160/81, dated 2nd August, 1981.
2. The prosecution case is that the petitioners alongwith five others in furtherance of their common object caused the death of Nur Samand and injuries to six prosecution witnesses, on 2nd August, 1981 at 10-30 a. m. In the area of Mauza Bhaun Manzabta of P. S. Hujra Shah Maqeem.
As for the petitioners, it has been alleged that Inayat was armed with a hatchet and he inflicted one blow on the head of the deceased. He also allegedly gave one blow to Sanaullah P.W. Which was declared simple by the medical officer. As for Nur Samand, he was allegedly armed with a lathi and inflicted one blow on the person of the deceased. So far as Hayat petitioner is concerned, it has been alleged that he inflicted blow son the person of the deceased while he was lying down.
He also gave injuries to Aziz and Muhammad Ali P. Ws. The injury given by him to Aziz was declared simple. However, the injury found on the person of Muhammad Ali attributed to Hayat petitioner, was declared grievous.
3. It appears that both sides have received injuries. On the side of the prosecution, Nur Samand received four injuries all caused by blunt weapon; Faiz P. W. Received 7 injuries caused with blunt weapon, simple in nature.; Sanaullah received ten injuries, two with sharp-edged weapon and others with blunt weapon, out of these injuries two caused by blunt weapon have been declared grievous ; Muhammad Aslam P. W. Received 8 injuries, one by sharp-edged and the remaining with blunt weapon ; Aziz received 18 injuries, two with sharp-edged weapon and sixteen with blunt weapon, all simple in nature ; Muhammad Ali received one injury caused with blunt weapon grievous in nature ; Muhammad Siddiq P. W. Received 5 injuries with blunt weapon simple in nature.
On the other side Inayat received 14 injuries 4 with sharp-edged weapon and ten with blunt weapon, out of these one injury caused with sharp-edged weapon has been declared grievous; Jahangir co-accused received 5 injuries one with sharp-edged weapon and four with blunt weapon all simple in nature, Fateh Muhammad received one blunt weapon injury simple in nature ; Nur Samand petitioner received 3 injuries out of which one was caused by sharp-edged weapon and the others with blunt weapon, all simple in nature.
4. Learned counsel for the petitioners contends that there are cross-- cases and it is yet to be decided as to which party was the aggressor one and that the part attributed to Inayat petitioner stands falsified by the medical evidence.
5. As against this, learned counsel for the State has seriously opposed this application and has stated that the contentions raised by the learned counsel for the petitioners, in fact, require deep appraisal of the evidence which is neither permissible nor desirable at this stage.
6. After hearing the learned counsel for the parties, I find: -
(i) that there are cross-cases ;
(ii) that on the side of the accused four persons received 23 injuries caused with sharp-edged and blunt weapon, out of which two have been declared grievous ;
(iii) that the counter-case, i.e. F.I.R. It. No. 165/81 has been challaned ; and
(iv) that all the accused in the counter-case have been released on bail by the learned Additional Sessions Judge, Sahiwal, vide his orders, dated 21st September, 1981 and 30th September, 1981.
7.Without making any expression of opinion lest it may prejudice the merits of the case, I am of the opinion that since there are cross-case and the accused persons in the counter-case have been released on bail it would be in the fitness of things if both parties are treated at par. The matter otherwise 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 satisfaction of Assistant Commissioner, Sahiwal.