' Noor Khan son of Lai Khan petitioner herein, has applied for his release on bail in a case under section 302/307/148/149, P.P.C. Registered on 6-3-1988 at Police Station Lawa, District Chakwal.
2. According to prosecution the petitioner with his co-accused, having armed themselves with deadly weapons, mounted assault on the complainant party. The petitioner alleged to have carried a Soti and with his co-accused inflicted blows to the deceased and injured P.Ws. After they had fallen down on the ground.
3. Learned counsel for petitioner contended that there is no specific allegation against the petitioner that he gave specific blow to the deceased or the prosecution witnesses. It was further contended that the petitioner is in judicial lock-up for more than eight months and has been falsely involved in this case. It was submitted that the learned Sessions Judge refused to release the petitioner on bail holding erroneously that the petitioner prima facie committed offence under section 307, P.P.C.
4. Learned counsel appearing on behalf of the State opposed this petition. He submitted that the petitioner carried hatchet and inflicted blow to Ahmad Khan P.W. He referred to the observation of the learned Sessions Judge, in his order dated 11-7-1988, to the effect, that due to clerical mistake the injury caused by the petitioner was attributed to Muhammad Nawaz in the F.I.R.
5. I have heard learned counsel for the parties perused the F.I.R., the order of learned Additional Sessions Judge and the medico-legal report. Learned counsel for the State, was unable to explain as to how it was due to clerical mistake that hatchet blow caused by the petitioner was attributed to Muhammad Nawaz accused. Muhammad Nawaz being one of the accused carried hatchet and inflicted therewith a blow on the head of Ahmad Khan P.W. It appears an afterthought to attribute that injury to the petitioner. In any case a doubt has arisen in the matter which entitles the petitioner to be released on bail particularly when he caused no specific injury to the deceased or the P.Ws. The petitioner is in judicial lock-up for more than eight months and no more required Or investigation purposes.
' In these circumstances, I direct that the petitioner be released on bail in this case provided he executes bail bond in the sum of Rs,30,000 (Rupees thirty thousand only) with one surety in the like amount to the satisfaction of A.C./M.I.C., Chakwal.