' This is a petition under sections 497/498, Cr.P.C. By Muhammad Alam and two others, petitioners Nos.1 to 3, for bail in respect of a case instituted against him and one other under section 307/324/325/34, P.P.0 . At Police Station Narowal on 16-12-1985.
2. The prosecution case in brief is that when Bashir Ahmad was passing by, he was assaulted by Muhammad Alam, Abdul Ghani and Abdur Rashid, petitioners Nos. 1 to 3, and Barkat Ali, co- accused. Muhammad Alam and Abdur Rashid, petitioners, were armed with drats, and Abdul.
Ghani, petitioner, was armed with a hatchet, and Barkat Ali, co-accused, was armed with a Sota.
The motive for the assault was that Bashir Ahmad P.W's. Dog had violently bitten the clog of Muhammad Aslam, petitioner, as a result of which the assault was made on the witness.
3. Bashir Ahmad P.W,. Sustained an incised wound on the head, three incised wounds on the shin ancL contusions on the left knee,back of left hand, left leg and right ankel joint. The contusion on the back of left hand showed fracture of the left little finger. It appears that Barkat Ali, co-accused, who was also injured in the case, according to the first medical examination of the said witness conducted at Tehsil Headquarters Hospital, Narowal, had a contused wound and two contused areas on the head, a contusion on the shin, an abrasion on the left elbow and three areas of pain of the chest, legs and lumber region.
4. 1 have heard the arguments of the learned counsel for the petitioners and the State and have also perused the record. Two persons are injured in the occurrence, Bashir Ahmad P.W., on the side of th complainant, and Barkat Ali, co-accused, on the side of the accused. Allegedly, the assault was launched over a fight between dogs maintaine by both the parties. There is only one injury on the head of Bashi Ahmad P.W. No injury was found imminently dangerous by the docto as was likely to cause death. Applying the principle laid down in Ch. Muhammad Anwar Samma's case 1976 SCMR 168, the petitioners ar entitled to be released on bail.
5. For the foregoing reason, this petition is accepted and Muhamamd Alam and others, petitioners Nos. 1 to 3, are released on bail, subject to their furnishing security in the sum of Rupees twenty thousand (Rs,20,000) each with one surety each in the like amount to the satisfaction of the Assistant Commissioner Narowal.