Petitioner seeks bail in case F.I.R. No. 305/85, under section 307/34, P.P.C. Registered at Police Station Naulakha, Lahore, on the statement of Inam Elahi. The occurrence was alleged to have, taken place on 1-9-1985, at 7-30 p.m. While the F.I.R. Was lodged at 1-30 during the night between 1/2-9-1985.
According to the informant, a dispute had taken place on the same day, at evening time at the Railway Station between him and Babu Mobeen on one side and Muhammad Akbar, Muhammad Asghar and Inayat Masih, on the other side, when the parties had gone there to participate in the Customs auction of betels (PAAN). Same day at 7 p.m. When the informant accompanied by Babu Mobin was passing from in front of the house of Muhammad Asghar, they were attacked by Muhammad Asghar petitioner, Muhammad Akbar and Muhammad Ashraf, his brothers, all armed with fire-arms, accompanied by Inayat Masih, armed with Khanjar Muhammad Asghar, after raising a Lalkara, was alleged to have fired at Babu Mobin, which hit him on the back. Inayat Masih attempted to give a blow with Khanjar but as there was a noise that Babu Mobin had died, he did not cause any injury. Muhammad Asghar petitioner, Muhammad Akbar and Muhammad Ashraf, while firing in the air, accompanied by Inayat Masih, went up the roof of their house. Babu Mobin was taken to the Mayo Hospital, where he was medically examined.
Two injuries were found on the person of Babu Mobin, one of which was entry wound while the other was exit wound. The injury was declared grievous. None else from the side of the complainant was injured in the occurrence.
Another F.I.R. (No. 304/85) was registered about this occurrence at the instance of Muhammad Asghar petitioner at 8-30 p.m. On 1-9-1985, under section 307/148/149. P.P.C. Muhammad Asghar stated in this F.I.R. That on the same day at 6-30 p.m. Humayun, Zahid and Babu Mobin had beaten his brother Muhammad Akbar and threatened him that they should not come to the station in future for purchasing betels. According to him, same day when he was standing in front of his house alongwith Inayat son of Khushi Muhammad, Humayun, armed with a revolver Zahid and Babu Mobin, armed with pistols, Shaukat and Nazir armed with Khanjars came there. Humayun fired a shot hitting him at his right leg. Zahid fired a shot which struck Inayat on his left foot. Mobin fired a shot at him, but it missed. Shaukat and Nazir ran to cause him injury with Khanjars, but he saved himself by receding. He has further stated that in order to save himself, he fired a shot from his pistol, as a result of which Babu Mobin received injury. It is stated therein that Anwarul Hassan and Muhammad Saleem had witnessed the occurrence.
2. Learned counsel for the State, after having gone through both the files, has stated that while Babu Mobin was found to have received injury, as stated in F.I.R. No. 305/85, with a fire-arm, Muhammad Asghar and Inayat were found to have received injuries with fire-arms, according to the allegations levelled in F.I.R. No. 304/85. He has also made a statement, after consulting the A.S.I.
That the police have submitted challan in both the cases without expressing any opinion as to who was the aggressor. He has also stated that none of the witnesses, named in the F.I.R. No. 305/85, has given any explanation of the injuries of Muhammad Asghar. It is further stated by him that the Investigating Officer has come to the conclusion that all the three persons, namely, Muhammad Asghar and Inayat Masih, on the one side and Babu Mobin, on the other side, had suffered injuries in one and the same occurrence.
3. The exposure and enumeration of the above facts clearly shows that no explanation has been given by the complainant or his witnesses about the injuries suffered by Muhammad Asghar petitioner while the Investigating Officer has accepted the version of Muhammad Asghar petitioner that he had received injuries at the hands of his adversaries in this very occurrence.
Although the injury on the person of Babu Mobin has been declared grievous, but the fact remains that while one person was injured in the case lodged by Inam Elahi, two persons including the petitioner, were found injured from the other side, and no explanation of injuries on Muhammad Asghar came forth even during investigation while Muhammad Asghar petitioner has explained the injury suffered by Babu Mobin in the F.I.R. Lodged by him. These facts support the contention of the learned counsel for the petitioner that it is a case of further inquiry.
4. Keeping in view of what has been noted above, I feel inclined to grant bail to the petitioner. He shall be released on bail, on his furnishing a bail bond in the sum of Rs.20,000 with two sureties each in the like amount, to the satisfaction of the Assistant Commissioner (City) Lahore/Trial Magistrate.