RASHID AZIZ KHAN, J.- Bahadar Ali petitioner seeks bail in a case registered against him and some others with Police Station Chunian, for an offence under sections 307/326/34 PPC. The, allegation against the petitioner is that he on 7.3.1990 at about 6 p.m., alongwith his co-accused carried out a murderous assault on Muhammad Jamil. The allegation is that he had given a hatchet blow on the head of said Muhammad Jamil, which proved grievous.
2. It is contended by learned counsel for the petitioner that the petitioner at the time of commission of the offence was 70/75 years of age, and it is unimaginable that a man of such an advanced age would act in such a reckless manner. Asserts that petitioner's son has also been involved in the same case and if the son was present, there was no occasion for the petitioner to have caused that injury. Contends that Muhammad Jamil, injured, after medical treatment is alright and now is doing his daily pursuits. The contentions have been opposed by learned counsel for the State.
3. I have heard the learned counsel. The occurrence took place on 7.3.1990 but the case was got registered on the following day, i.e. 8.3.1990. There is no explanation with regard to the delay available on the file. I am also informed that in the instant case the petitioner with his son Muhammad Rafique and said Rafique's brother-in-law Muhammad Aslam have been involved.
Learned counsel for the petitioner had staled at the bar that the age of the petitioner was recorded as 70/75 years in the police certificate, if that be so, then it would be a case of further inquiry to consider when two young men -- one son of the petitioner, and the other brother-in-law of that son, were present but remained silent spectators and would allow the man of 75 to cause injury. It has being about 5 months, yet, according to the learned counsel, the challan was not submitted till the petition for bail was filed. In these circumstances, I allow bail to the petitioner provided he furnishes security in the sum of Rs. 30,000 with two sureties, each in the like amount to the satisfaction of Assistant Commissioner/Deputy Magistrate concerned.