The petitioner, alongwith another co-accused, Muhammad Amin, is accused of offence under section 337(A)(ii) of Qisas and Diyat Ordinance, 1990, vide F.I.R. No.439, dated 22-12-1990, registered at Police Station Sadar Bhakkar.
2. According to the said F.I.R. The accused are stated to have injured the complainant, Altaf Hussain. The petitioner herein is specifically alleged to have broken the teeth of the complainant by brick batting.
3. The co-accused, Muhammad Amin, was allowed bail by the learned Additional Sessions Judge, Bhakkar vide order dated 17-1-1991.
4. The learned counsel contended for the bail of the petitioner and submitted that the allegation is general in nature, and it is yet to be determined whether or not it was the petitioner who had broken the teeth of the complainant by hurling a brick on his face. Further submitted it was the complainant party who was the aggressor and that the injuries were caused to both the parties as a result of free fight on the aggression of the complainant party. Further submitted that the prosecution had mala fide concealed the injuries suffered by the petitioner and his cu-accused, being seven in number. Further submitted that as a counter-version of the petitioner and the evidence in support thereof, the complainant and his two co-accused have been challaned under section 337(A)(ii) Qisas and Diyat Ordinance, 1990 and under section 447, Pakistan Penal Code, therefore, argued that prima facie it was the complainant party who was the aggressor. Further pointed out that the complainant party hits since been released on personal bonds.
S. The learned counsel for the State has opposed the bail petition and submitted that the complainant is stated to have suffered grievous injury, but confirmed that the complainant party has been challaned as stated above and that the injuries suffered by the petitioner and his co- accused were suppressed. Further conceded that the complainant party has also been challaned under section 337(A)(ii), Qisas and Diyat Ordinance, 1990 and 447, P.P.C., therefore, prima facie they had committed criminal trespass.
'6. In view of what has been stated above the petitioner is allowed bail in tile sum of Rs.30,000 with two sureties in the like amount to the satisfaction of A.C./Duty Magistrate, Bhakkar.