IHASAN-UL-HAQ CHAUDHRY, J. A case under sections 325/148/149 P.P.C was registered against the petitioner and others at the instance of Said Masih with Police Station Banami Bagh Lahore on 2.7.90. It was alleged by the complainant that the petitioner and his co-accused came to his house at about 7.30 p.m. They shouted lalkaras and asked the complainant to come out. The petitioner tried to pacify them but Ishaq started Brick-batting. It is alleged that Mst. Hanifan, wife of the complainant was attracted to the scene by shouting and the petitioner who had also arrived at the scene by that time threw a brick on the face of the wife of the complainant, who was injured and bleeding started. The complainant is said to have suffered more injuries on account of brick- batting. In the meanwhile the neighbours gathered at the spot and the accused ran away. The petitioner moved trial Court for bail but the same was rejected. Thereafter he moved the Sessions Court for grant of bail and his application was rejected vide order dated 29.7.1990. The petitioner has now moved this application. Notice was issued to the State.
2. The learned counsel for the petitioner in support of the petition argued that his co-accused have already been released on bail. It is submitted that the petitioner has been falsely implicated on account of property dispute with the complainant, who is his real brother. It is added that it is a case of further enquiry and allegations against the petitioner are not covered by prohibition clause.
3. The learned State counsel candidly conceded that there is a property dispute going on between the petitioner and the complainant, who are real brothers inter-sc and that the legal position is that the petitioner is not guilty of an offence punishable with 10 years' R.I. Or more.
4. The learned counsel for the complainant argued that the petitioner intentionally caused a grievous injury to Mst. Hanifan, who has yet not recovered from the said injury.
5. I have given my anxious consideration to the arguments of the learned counsel for the parties and gone through the record. The admitted position is that there is a civil litigation going on between the petitioner and the complainant who are real brothers and the injury is said to be the result of brick thrown by the petitioner. The police has challaned him under sections 325/148/149 P.P.C, therefore, the case is not covered by. Prohibition clause to section 497 Cr. P.C. This is also admitted that the other co-accused have been released on bail. In any case the case against the petitioner is that of further enquiry.
The result is that this application is allowed bail pending decision of the case against him subject to his furnishing bail bonds in the sum of Rs, 20,000 (Rupees twenty thousand only) with two sureties in the like amount to the satisfaction of the trial Court.