1. RASHID AZIZ KHAN, J.--The petitioner seek bail in a case registered against them for an offence under sections 325/354/34 PPC, vide FIR dated 31-11-1989. The allegations against the petitioners as levelled by the first informant are to the effect that on 31.12.1989, At about noon time, his wife Mst.
2. Kalsoom Bibi had come to his cattle shed bringing meals for the first informant. In the meanwhile, Sannaullah petitioner armed with sota Abbas Masih and Azeem also armed with sotas along with others came to the haveli of the first informant. Sanaullah petitioner is alleged to have raised a lalkara and at the same time gave a sota blow on the left arm of the first informant. It was followed by Abbas and Azeem petitioners who also gave injuries to the first informant. Mst. Kalsoom Bibi, wife of the first informant step forward to rescue here husband and she was also be laboured by the petitioners.
3. It is contended by learned counsel for the petitioners that a bare reading of the FIR indicates that section 354 PPC is not attracted. Submits that the petitioners are alleged to have caused injuries but only one injury on the person of the first informant was declared grievous which entitles them to the concession of bail. Contentions have been opposed by learned counsel for the State.
2. I have heard the learned counsel and gone through the FIR. According to the FIR, the petitioners after causing injuries to Mst. Kalsoom Bibi also dragged her but there is no allegation that her clothes were torn or she was exposed to public view. In these circumstances, application of section 354 PPC would be a question of further inquiry. Sanaullah petitioner is alleged to have caused an injury which caused fracture of the left arm of the first informant. He alone is alleged to have caused grievous injury and the rest of the injuries on the person of the first informant and his wife were declared simple. In such circumstances, I feel that Sanaullah petitioner is not entitled to the concession of bail as he has caused grievous injury. His application seeking bail is dismissed.
4. As far as Abbas Masih and Azeem petitioners are concerned they are alleged to have caused simple injuries only, therefore, they are allowed bail provided they furnish security in the sum of Rs.25,000/-each, with two sureties each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Toba Tek Singh.