1. 'The petitioner Sanaullah has filed this petition for post arrest bail in a case registered against him vide F.I.R. No, 643 at Police Station Sadar Sargodha on 16-11-1988 under section 323/325/336/148/149, P.P.C. The F.I.R. Has been lodged at the instance of one Qaisar Raza Zaidi, A.S.I., who was on election duty on 16-11-1988.
2. ' It is the case of the prosecution that the complainant was present alongwith other staff on duty at Polling Station No, 51 situated at Government High School Gillwala, District Sargodha. At about 12-15 p.m. An altercation took place between Sanaullah and one Musthaq Hussain Shah. They were sked by the complainant and Professor Sh. Jabbar Ahmad, the Presiding Officer, to go outside the Polling Station. Thereupon, it is further stated that Musthaq Hussain Shah went quietly outside the gate. In the meantime, the complainant heard the noise from outside the Polling Station. He alongwith others went outside and there he saw that the petitioner alongwith Ihsanullah Irfan and Majid were giving Sota blows to Mushtaq Hussain Shah. One Aziz Khan tried to save Mushtaq Hussain Shah and he too was manhandled. It is also mentioned in the F.I.R. That Sanaullah alongwith his companions went towards his house and bolted it from inside. After some time two fires of .12 bore gun were heard from his house to deter people. The petitioner after his arrest applied for bail which was dismissed by the learned Additional Sessions Judge vide his order, dated 25-1-1989. Hence this petition.
3. ' The petitioner has argued that in fact the other party was the aggressor and from his side the middle right finger of Ihsanullah was fractured. He has further stated that his co-accused who were ascribed similar role have already been enlarged on bail. He has also contended that from the other side Mushtaq Hussain Shah and his other accomplices have also been granted bail on 12- 11989. From this the learned counsel has developed the arguments that on the principle of consistency when the other side has been granted concession of bail and from his own side his co-accused have also been enlarged on bail, he too would be entitled to this concession.
4. ' The learned counsel for the State as well as the complainant's counsel opposed the grant of bail.
5. Learned counsel for the complainant has argued that the alleged fracture on the middle right finger of Ihsanullah is only hair-line fracture which appears to be self-suffered and for that reason a Medical Board has been constituted to re-examine this injury. But according to him Ihsanullah is not co-operating with the Medical Board and has not appeared so far.
6. The I.O. Told me that the challan has been submitted on 8-1-1989 and three persons from both side have been challaned and he has further stated that every one except the present petitioner is on bail. The petitioner's side has also suffered one injury the veracity of which is yet to be determined.
7. In the circumstances I admit the petitioner to bail in the sum of Rs,50,000 with two sureties each in the like amount to the satisfaction of A.C., Sargodha.