Petitioner seeks bail in a case registered against him and another with Police Station Chunian, for offences under sections 337-A and 324, Amended Ordinance read with sections 148/149, P.P.C. The case was got registered by Muhammad Shafi with the allegation that the petitioner alongwith his co-accused carried out a murderous assault and thereby caused injuries to the first informant's brother Muhammad Aslam. Petitioner is alleged to have caused an injury on the lip of Muhammad Aslam whereby one tooth was broken.
It is con ended by learned counsel for the petitioner that the occurrence took place inside the land of the petitioner whereby it is clear that the complainant side was the aggressor and had trespassed into the petitioner's land. Submitted that the petitioner was arrested soon after the occurrence and is behind the bar ever-since. Petition has been opposed by the learned Additional Advocate-General.
2. I have heard the learned counsel and gone through the file. Petitioner has caused one injury to Muhammad Aslam only. There is no allegation that he tried to repeat the injury. Admittedly the occurrence took place inside the land, in possession of tire petitioner and the tree which had fallen down, was also lying in the land of the petitioner, which the complainant side tried to remove. It is yet to be established who was the owner of the tree. In these circumstances I feel it has become a case of further inquiry. Therefore, the petitioner is allowed bail provided he furnishes security in the sum of Rs.20,000 (Rupees twenty thousand only) with two sureties, each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Chunian, District Kasur.
N.H.Q./C-9/L