S.M. ZUBAIR, J.- The petitioner who is involved in a case under Sections 316/337/337-A PPC arising out of FIR No. 232/92, dated 29.8.1992, registered at Police Station City Daska District Sialkot, seeks to be admitted to bail.
2. Briefly the allegation against the petitioner as per F.I.R, is that he struck his head on the nasal bone of Muhammad Arif and also gave fist blows to him, as a result of which he succumbed to the injuries.
3. The learned counsel for the petitioner contended that initially the case against the petitioner was registered under Section 302 PPC for causing the death of Muhammad Arif but after investigation, the petitioner was challaned under Section 316 PPC and the learned Magistrate vide his order dated 15.3.1993 admitted the petitioner to bail on the ground that the occurrence took place all of a sudden and there was no previous enmity between the parties, hence the case for the grant of bail was made out. Later on, on the petition of the complainant this bail was cancelled vide order dated 5.1.1994. The learned counsel appearing in support of this petition submitted as the parties flared up and fought with each other all of a sudden without there being any previous enmity, hence it was a case of free fight in which both the parties received injuries at the hands of each other; that the injury attributed to the petitioner is not caused by any weapon. Actually the allegation against the petitioner is that he caused injury on the person of the deceased by his head, hence the case of the petitioner may fall within the ambit of Section 318 PPC which is Qati-e-Khata and the maximum sentence provided for it is not more than 5 years. The learned counsel contended that in the presence of these facts, the case against the petitioner is one of further inquiry, hence the petitioner is entitled to the grant of bail.
4. The learned counsel for the State assisted by the Police Officer, has opposed this bail application on the ground that the fatal injury has been attributed to the petitioner, hence the case against him falls within the prohibitory clause and he is not entitled to the grant of bail.
5. I have heard the learned counsel for the parties and perused the record.
6. Admittedly the occurrence took place all of a sudden over a petty dispute between the parties in which the petitioner struck his head on the nasal bone of the deceased which resulted into concussion of brain and the deceased died due to that injury. Of course these injuries were not caused by any weapon and in the absence of the enmity there is substantial force in the submission of the learned counsel for the petitioner that the application of Section 316 PPC is of doubtful character. On the contrary, this case fairly and squarely falls within the ambit of Section 318 PPC which deals with Qaibe-Khata. Over and above this, the ing order which was upset by the learned Addl. Sessions Judge, was neither fanciful nor arbitrary or contrary to the record, hence the learned Addl, Sessions Judge has illegally upset the order. Keeping in view the aforementioned circumstances, I find that the case against the petitioner is one of further inquiry and the petitioner is admitted to bail provided he furnishes bail bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.