The petitioner has applied for post-arrest bail in a case registered against him vide F.I.R. No. 301, dated 5-8-1988 registered at Police Station City Mianwali under section 307/34, P.P.C.
2. The facts necessary for the disposal of this petition are that on 5-8-1988 the injured Muhammad Iqbal was going for a call of nature at 6-00 a.m. When he reached near the graveyard on a metalled road suddenly Messrs Ghulam Yasin the present petitioner armed with knife and his brother Fazal Ahmad armed with .12 bore gun emerged and raised Lalkara. It is alleged that Fazal Ahmad Fred at Muhammad Iqbal which missed. Ghulam Yasin inflicted a knife blow on the left side of his chest. According to the F.I.R. This incident was also witnessed by one Khalas Khan of Mauza Namal. Learned counsel has contended that Fazal Ahmad has been declared innocent by the investigating agency and instead his another brother Riaz has been challaned. He has further stated that according to the medical report though the doctor has stated that the injury was grievous but at the same time he did not state whether the injury was dangerous to life or not. He has further stated that the alleged motive mentioned in the F.I.R. Does not inspire any confidence as according to the complainant the alleged case was compromised between the parties. On this basis he has argued that once the matter was compromised there was nothing left to grudge for the petitioner as alleged. The learned counsel for the petitioner has also relied upon 1986 P Cr. L I 2716 in support of his contention.
3. The learned State counsel has opposed the grant of bail. However, he has not denied that Fazal Ahmad whose name was mentioned in the F.LR., has been declared innocent and instead his another brother namely Riaz has been challaned alongwith the present petitioner. The doctor has also not stated in the medical report whether the alleged injury was dangerous to life or not.
4. In these circumstances I admit the petitioner to bail provided he furnishes bail bond in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of A.C, Mianwali.
N.H.Q./G-230/L