' Riaz petitioner is involved in a case under sections 147, 148, 307, 323 and 325, P.P.C. He has moved this petition for bail.
2. The F.I.R. version is that on 14-2-1984 at about noon time, the petitioner armed with hatchet and his co-accused armed with Sotas caused injuries to Amir, Manzur and Safdar P.Ws. The part attributed to the petitioner is that he gave one hatchet blow from the wrong side to Amir P.W. hitting his right ear and one blow from the same side to Manzur hitting his head. The remaining accused caused injuries to Safdar and afore-mentioned Amir and Manzoor.
3. The learned counsel for the petitioner contends that from the facts and circumstances of the case the intention to kill cannot be inferred. It is submitted that if the accused party wanted to kill the injured P.Ws. nothing could prevent them because according to the prosecution the members of the complainant party were not in a position to offer any resistance. Learned counsel further submits that the accused party had nothing to do with the pre-emption suit and the motive alleged in the F.I.R. is false.
4. I have gone through the relevant material. The petitioner is alleged to have given one hatchet blow from wrong side to Manzur P.W. and one blow from the same side to Amir P.W. All the injuries on the person of Manzur were simple in nature. Amir P.W. had five visible injuries, out of injury No,1 on the head was declared grievous. This injury is attributed to the petitioner. However, the petitioner used the hatchet from the wrong side and did not cause any further blow to Amir P.W. He is in jail since 28th February 1984. In the circumstances, I admit him to bail in the sum of Rs, 10,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner, Bhalwal.