A case under section 307/326/321/148/149, P. P. C. Was registered by the police of Chak Jhumra vide F. I. R. No. 165 dated 8th July, 1982 against Petitioners Nos. 1 and 3 and three others, at the instance of Abbas Ali complainant, who stated that after saying morning prayers when he, Sher Muhammad and two others were coming out of the mosque, they came across Jahangir co-accused armed with a hatchet, Hayat, Muhammad Aslam armed with knives, Mokha and Afzal were having sotas.
The accused attacked Sher Muhammad by uttering that they had turned up there to teach him a lesson for having appeared as a defence witness for Amir in a case under the Excise Act. They caused injuries to Sher Muhammad and Muhammad Bakhsh. Sher Muhammad is stated to have received injuries on the left hand, right shoulder, left shoulder and above the right eyebrow.
Muhammad .Bakhsh received injuries on the left side of his chest and back.
2. As to the role attributed to Muhammad Hayat and Muhammad Aslam petitioners, the injuries caused by them, have been declared as simple in the medical report.-
3. At the time of admission of this case Jehangir had been refused bail on the ground that he had taken to repeated acts of causing grievous injuries with his hatchet to the complainant party.
4. The learned counsel for the petitioners has argued that Muhammad Hayat himself had received four injuries on his person for which no note had been kept by the prosecution rather those injuries were suppressed. In the same venture Muhammad Afzal was also injured who received one injury, regarding this aspect Muhammad Akbar, the son of Muhammad Hayat petitioner has filed a complaint against the complainant party in which the learned Magistrate has summoned the complainant party, The learned counsel has argued that now it is a case of cross versions, therefore, a very balanced view should be taken of the situation as to the matter of grant of bail since the rule of further inquiry as to the guilt of the petitioners stands attracted in this case.
However, he has maintained that the resultant injuries having been attributed to both the petitioners are simple, hence they are entitled to bail.
5. The learned counsel for the complainant has contended that in this case section 149, P. P. C. Is applicable which section according to certain decisions of this Court as well as of the Supreme Court can be pressed into service at the time when a matter for bail is being considered. He has further submitted that the Courts while considering the grant of bail have to weigh the nature of the weapons and resultantly the role attributed to the accused. In this case both the petitioners were alleged to have been armed with knives and the injuries which were caused by them were all on the vital parts of the bodies of the injured such as chest under the abdomen etc. Though not with much of penetration. According to the learned counsel their role in this respect disentitles them to have the concession of bail.
6. Since in this case the injuries attributed to Muhammad Hayat and Muhammad Aslam petitioners are simple in nature, therefore, Muhammad Hayat and Muhammad Aslam petitioners are entitled to bail. So far as the application of section 149, P. P. C. Is concerned that generally depends upon the evidence and its appreciation, the case has not yet come to such a pass. On the face of an F. I.
R. For the purpose of bail one is to see that what particular role an accused played, what sort of weapon he wielded and with what result. If the weapon possessed has been lightly used despite the fact that, that could have been used with vigour then a case can be regarded as open for the grant of bail for the simple reason that the grant of bail otherwise is not an acquittal of the charges against such a person who is accused thereof. The com--plainant will have an ample chance to prove his case when the trial begins and if the petitioners are found out at that time as having committed the offence by forming an unlawful assembly and acting in prosecution of the common object of the assembly then their case can be dealt with at that time in accordance .With law. The petitioners are admitted to bail in the sum of Rs. 7,000 (Rupees seven thousand) each with one surety in the like amount to the satisfaction of the Assistant Commissioner, Faisalabad.