RASHID AZIZ KHAN, J.- Petitioner seeks bail in a case registered against him with Police Station Satellite Town, Gujranwala, for an offence under sections 302/324/436/427/332/353/147/149 PPC.
The case was registered on 18-3-1992, wherein allegation was that two groups in Central Jail, Gujranwala, tried to take law into their hands which created law and order situation. Jail officials tried to control the situation whereupon they were belaboured by the prisoners. Keeping in view seriousness of the situation jail authorities got help from the local administration which was accordingly extended. In the occurrence number of peoples were injured as well. Petitioner was lodged during those days in Central Jail, Gujranwala. In the FIR his name is mentioned as one of the person who was injured.
It was contended by learned counsel for the petitioner that no role what so ever has been ascribed to him. He is mentioned as having been injured during the fight which lasted over an hour and the police had to resort to tear-gas as well as lathi charge. Contends that 55 persons who were lodged in jail, were injured in that transaction, who were not ascribed any role whatsoever. They were injured because they happened to be present in the jail premises.
2. I have heard the learned counsel at length. The fight did not take place on account of petitioner nor he participated in it. He happened to be lodged in jail from where such an ugly situation has arisen. There is no allegation that he belonged to one party or the other. In the absence of any role ascribed to the petitioner, his being injured would hardly mean that he was involved or participated in the occurrence. In the absence of any evidence, petitioner is entitled to the concession of bail. He shall be released on bail provided he furnishes security in the sum of Rs.30,000/-(Rupees thirty thousand only), with two sureties, each in the like amount, to the satisfaction of Assistant Commr:/Duty Magistrate, Gujranwala.