' Petitioners seek anticipatory bail in the case registered against them and two others under section 307/34, P.P.C. Vide F.I.R. No, 349/88 at Police Station Kahna Nau, District Lahore.
2. According to F.I.R., petitioners Lal Din and Nazir alias Jeera armed with gun and Danda respectively, accompanied by Bashir accused armed with a Takuwa and Hamid accused also armed with a Dang, launched attack on the complainant. Lal Din petitioner raised a Lalkara. Bashir accused gave an injury on the head of the complainant. Hamid accused caused an injury on his right shoulder. Nazir alias Jeera petitioner gave an injury on the back of the complainant and Lal Din petitioner caused him injuries on different parts of the body after he had fallen on the ground.
3. Motive for the occurrence was that the complainant, against whom a case of theft had been registered at the instance of Lal Din petitioner, had earned acquittal in that case.
4. Bail is being sought by the petitioners on the grounds that they have been involved falsely in this case; that wife of Lal Din petitioner had also suffered an injury on her hand, resulting into fracture but the police refused to register the case on his behalf; that the complainant has given a false version of the occurrence; that Bashir co-accused of the petitioners who is alleged in the F.I.R. To have given an injury on the head of the complainant has already been arrested and that Hamid another co-accused of the petitioners has been allowed interim pre-arrest bail by this Court till 18th instant.
' Lastly, it is submitted that the three injuries declared grievous, have not been assigned to any of the petitioners.
5. Before proceeding further, it may be mentioned here that the petitioners earlier had moved a petition for anticipatory bail, which was disposed of as having been withdrawn, vide order, dated 7- 12-1988. This is, thus, the second petition moved on their behalf.
6. The medico-legal certificate of the complainant shows that he was found to have suffered 6 injuries, three of which i,e, iniuries Nos. 1, 2 and 6 were declared grievous. Injuries Nos. 1 and 2 are on the left parietal and occipital regions respectively while injury No,6 was on the back side and lower left chest.
In the F.I.R. Only one specific injury has been apportioned to Bashir accused on the head of the complainant. The injuries on the head are of two types, i,e, laceration and contusion. For authors of injuries Nos. 2 and 6, reference has, therefore, to be made to the accused other than Bashir. In the circumstances no yardstick is available at this stage to say that none of two petitioners was responsible for having caused injuries Nos. 2 or 6, which were declared grievous, apart from injury No,l.
' The argument of learned counsel that other version of the occurrence ir, has not been registered by the police, cannot be given any weight at this stage as no such version has so far been put forth regularly in Court, either by way of filings a complaint or by way of prayer for registration of case.
' The case of Hamid co-accused, who has been allowed interim pre-arrest bail, stands on a different footing, in that, he has been admitted to interim pre-arrest bail, mainly on the ground that he was 12/13 years of age only.
' Having considered all aspects of the case, I am convinced that no case for grant of anticipatory bail to the petitioners is made out. The petition is, therefore, dismissed.