IJAZ NISAR, J.-Ijaz Huassain Shah petitioner along with Irshad Hussain Shah, Sadiq Hussain Shah, Zafar Hussain Shah and Murid Hussain Shah (since dead) stands charged for murderously assauIting AItaf Hussain Shah and Safdar Hussain Shah on 11.6.1988 at 12 noon over a money dispute.
2. The prosecution case is that AItaf Hussain Shah complainant was proceeding towards his house and when he reached near the primary girl school Irshad Hussain Shah accused challenged him and fired revolver shots at him which went amiss. He picked up a brick bat and hurled towards Irshad Hussain Shah hilling him on his fore-head. On hearing alarm Murid Hussain Shah deceased armed with a danda, Sadie] Hussain Shah armed with a Vohaula. Zafar Hussain Shah and Amir Hussain Shah armed with dandas and Ijaz Hussain Shah petitioner armed with a gun came there and attacked the complainant. Safder Hussain Shah tried to rescue the complainant but Ijaz Hussain Shah petitioner fired a gun shot at him hitting him at his legs. Murid Hussain Shah tried to attack the complainant who fired a gun shot at him and on receiving the injuries he fell injured. The petitioner and his companions caught hold of AItai' Hussain Shah and caused him '"juries and confined him in their Baithak.
3. Except ljaz Hussain Shah petitioner all the other accused arc on bail. AItaf Hussain Shah complainant is accused in the cross case and is alleged to have given fatal injuries to Murid Hussain Shah, ljaz Hussain Shah petitioner was intilally bailed out by the llaqa Magistrate but later on his bail was cancelled by the learned Addl. Sessions Judge.
4. Bail for Ijaz Hussain Shah petitioner is urged on the ground that he is a P.W. In the cross-case against AItaf Hussain Shah and Safdar Hussain Shah etc. And that except -AItaf Hussain Shah all the accused of the cross case are on bail and as per finding of the police it was a case of free fight between the parlies.5. Both the parlies have been challaned and it is yet to be seen who is guiIty of aggression. Except the petitioner all the other co-accused are on bail. According to him he had acted in self defence. Since it is yet to be seen which party was at fauIt I admit him to bail in the sum of Rs.20,000/- Wilh two sureties in the like amount to the satisfaction of A.C./Duty Magistrate, Mankera.