TANVIR AHMED KHAN J.- The petitioners have applied for post arrest bail in a case registered vide FIR No. 183 dated 7.4.1990 under sections 307/325/324/148/149 PPC at Police-Station Sadar Mandi Bahauddin, District Gujrat.
2. The complainant's case is that he alongwith Phull Pir Shah and Shakil Shah were cutting fodder in their field. Three of the petitioners namely syed Jalal Shah, Abbas Shah and Saddaqat Shah were also cutting the fodder nearby. In the meantime, the other petitioners apart from aforementioned armed with hatchet and sotas reached the place of occurrence. The petitioner No.1 Sadiq Shah raised a Lalkara that they be taught a lesson for cutting the fodder. It is the case of the complainant that thereupon petitioners inflicted injuries to Phull Pir Shah. Shakil Shah, Ijaz Hussain Shah and the complainant with their respective weapons.
3. Learned counsel for the petitioners has sought bail on the grounds that in this occurrence complainant side was the aggressor and caused injuries to four persons from the petitioner's side.
He has stated that the complainant side suffered 36 injuries out of which four are of grievous nature caused by blunt weapon. He has further pointed out that the learned Addl. Sessions Judge, Gujrat, while dismissing the bail application of the petitioners on 6.5.1990 had wrongly described head injury of Phull Pir Shah as grievous one. The petitioner's side, according to the learned counsel, sufferred 33 injuries of simple nature in all. He has further pointed that five of the petitioners, namely, Sadiq Shah, Mazhar Shah, Intizar Shah, Mukhtar Shah and Syed Abbas Shah have completely been found innocent during the course of investigation by the police. An argument has also been advanced that the grievous injuries are on non-vital part and none of them has been declared dangerous to life.
4. I have considered the contentions. In this occurrence four persons from the complainant's side were injured while same number of persons were also injured from the petitioners, side. The factum of causing injuries to the petitioners, side has even been admitted by the complainant in his FIR.
Five of the petitioners have been exonerated during the course of investigation. The injuries in this occurrence have been sufferred by both the sides. The petitioners are in jail for the last more than 4 months and keeping into consideration the fact that all the grievous injuries arc on non-vital part and also the fact that participation of five of the petitioners have been negated by the prosecution agency, I admit the petitioners to bail provided they furnish bail bonds in the sum of Rs.30,000/- (Rupees thirty thousand) each with two sureties each in the like amount to the satisfaction of A.C/Duty Magistrate, Mandi Bahauddin. Copy Dasti.