' The petitioners who are involved in a case under sections 337-F(v), 337-F(i), 147 and 148, P.P.C.
Arising out of F.I.R. No,23/93, dated 12-3-1993, registered at Police Station, Karianwala, District Gujrat, seek to be admitted to bail.
2. Briefly the allegation against the petitioners is that they while armed with deadly weapons attacked the complainant party, as a result of which Muhammad Sadiq (brother of the complainant) received injuries.
3. The learned counsel for the petitioners submitted that the case against the petitioners does not fall within the prohibitory clause, so the petitioners were allowed bail after arrest by the learned trial Magistrate vide his judgment dated 20-3-1993. This bail granting order was upset by the learned Additional Sessions Judge on 20-4-1993 and since then the petitioners arc behind the bars without any progress in the trial. He further contended that in the present F.I.R. Three persons namely Wajid, Hakam and Afzal were found innocent during the investigation though specific role has been attributed to them which shows that the F.I.R. Does not mention the true version of the prosecution story. The petitioners are not the previous convicts and in the absence of any other material the learned Additional Sessions Judge was not competent to cancel the bail of the petitioners merely on the ground that a second version was also possible, hence bail cancelling order is illegal and contrary to the provisions of law.
4. The learned counsel for the State assisted by the Police Officer has conceded this fact that three persons referred to above were found innocent during the investigation and the case against the petitioners does not fall within the prohibitory clause.
5. After hearing the learned counsel for the parties and perusing the record I find, the learned Magistrate allowed bail to the petitioners on proper appreciation of the record, hence the bail granting order could not be termed as perverse, or against the provisions of law, as such the bail cancelling order of the learned Additional Sessions Judge is not based on proper appreciation of facts and law, hence this petition for bail is accepted and the petitioners are admitted to bail provided they furnish bail bond in the sum of Rs,20,000 (Rupees twenty thousand only) with one surety each in the like amount to the satisfaction of the learned trial Court.