' A case under sections 337-A, 337-D/337-F/332/148/149/109, P.P.C. Was registered against the petitioner and others, with Police Station Tatle Ali, District Gujranwala at the instance of Manzoor Ahmad, on the 2nd of August, 1991.
2. Khadim Hussain armed with 12 bore gun, Muhammad Asghar carrying iron bar (Sarya); Raza Hussain with Sota; Muhammad Safdar equipped with .7 mm rifle and Shafique Masih holding hatchet assaulted Muhammad Azam when he was busy in filling up his trolley with earth. Co- accused Asghar opened attack with Sarya which hit leg of Azam, whereupon, he fell down. Raza Hussain then inflicted two Sota blows on his right and left legs. Hatchet blow by Shafique Masih petitioner, however, was warded off by the victim though it hit thumb of left hand. The accused Asghar, Khadim Hussain and Raza Hussain gave further injuries to Muhammad Azam. Thereafter the petitioners decamped from the place of occurrence raising Lalkaras and firing in air. The motive stated in F.I.R. Is that co-accused Khadim Hussain and others had wreaked vengeance because party man of Khadim Hussain was injured by Azam.
3. Muhammad Azam in all had suffered eleven injuries. Azam had succumbed to the injuries and case was converted to section 302, P.P.C.
3-A. According to the learned counsel for the petitioner, the injured had died in accident while he was being carried in a wagon.
4. The learned counsel for the petitioner has canvassed bail on the following premises:--
(1) The petitioner had been falsely involved in the case and even no motive had been attributed to him.
(2) Solitary simple injury is attributed to the petitioner which was also on non-vital part of the body of the deceased.
(3) During investigation the accused persons who had caused serious injuries to the deceased, namely, Khadim Hussain and Raza Hussain were found innocent and discharged which reacts on credibility of entire prosecution version.
(4) The petitioner is behind the bars for a period of over one year.
(5) The petitioner has clean antecedents.
5. The learned counsel for the State has ruled out the death on account of accident contending that it was a result of injuries. He, however, has admitted that as per medico-legal report solitary simple injury on non-vital part of the body of the deceased is attributed to him and further that the Investigating Officer had found Khadim Hussain and Raza Hussain innocent during investigation and had got them discharged. He has admitted that this fact has really let down the veracity of prosecution version. I, therefore, agree with the learned counsel for the petitioner that in the circumstances, a case of further enquiry is made out and possibility is not ruled out that the petitioner may not have committed the offence attributed to him. I, therefore, admit the petitioner to bail subject to his furnishing bonds in the sum of Rs,50,000 (Rupees fifty thousand only) with two sureties in the like amount to the satisfaction of the Assistant Commissioner/Ilaqa Magistrate, Gujranwala.