KHAL PAUL KHWAJA, J. - By this judgment I propose to dispose of the following three bail applications:-
1. Crl. Misc. No. 854-B/1994, Mohammad Akbar and three others vs. The State.
2. Crl. Misc. No. 855-B/1994, Nasrullah vs. The State and
3. Crl. Misc. No. 856-B/1994, Amjad vs. The State.
2. The relevant facts are that on 16.5.1993 at P.S. Sohdrah, District Gujranwala a case u/Ss 324/148/149 PPC was registered at the instance of Iftikhar Ahmad, complainant against Akbar, Jehanzeb, Mohammad Buta, Mohammad Munir, Shabhir, Amjad and six others un-identified accused. It was alleged that the complainant had purchased agricultural land from sulman etc through a mutation and was cultivating the said land as its owner. Muhammad Munir and Akbar accused told sulman etc that they had sold their land at a very cheap rate and instigated them to institute a suit whereafter they would forcibly take over the possession of the said land. Sulman etc instituted a suit to challenge the validity of the sale of the said land uv flavour of the complainant and their suit was decreed. The complainant thereupon instituted an appeal which is pending in the court of the District Judge. On 15.5.1993 the aforementioned accused came to the said land to take over forcible possession. They also attacked the brother of the complainant Waheed-uz- Zaman and his friend Ateeq Ullah. Akbar accused tired a 7-M.M Rifle shot at Ateeq Ullah aforesaid which hit him on his wrist. The P however, succeeded in escaping from there.
3. Apprehending their arrest Mohammad Akbar, Jehanzeb alias Zebi, Mohammad Ruta, Zulifiqar Ahmad alias Baoo (petitioners in Crl. Misc. No. 854- B/94). Nasrullah (petitioner in Crl. Misc. 855- B/94) and Amjad (petitioner in Crl. Misc. XSti B/94) applied for their pre-arrest bail but their bail applications were dismissed In the learned District & Sessions Judge, Gujranwala on 12.2.1994. Now they have come to this court for their bail before arrest.
4. I have heard the parties' learned counsel and have also gone through the record.
5. In the present case the only person who sustained any injury was Ateeq Ullah PW. The injury sustained by him is located on lower outer part of his left fore-arm and it is described as "i.e-arm touching wound 1.5 c.m x 0.3 c.m x skin deep . This injury has been attributed to Mohammad Akbar petitioner. The Investigating Officer states that during the investigation it has been established that only Jehaneb and Amjad petitioners were present at the time and place of occurrence and no other petitioner or accused was present. In view of his statement learned counsel for the State did not object to the confirmation of the interim bail, before arrest of Mohammad Akbar, Mohammad Buta, Zulifiqar alias Baoo and Nasrullah, petitioners.
6. No injury has been attributed to Jehanzeb and Amjad. Learned counsel for the said petitioners has submitted that the prosecution case has been found to be false against 10 out of 12 accused and, therefore, it is not difficult to believe that the case is based on mala fides. The injury suffered by Ateeq Ullah PW. Is Jurh Ghayr-jaifah damiyah which is punishable with one year imprisonment u/s 337-F(i). This is a bailable offence.
7. In view of what has been stated above this is a fit case for bail before arrest and I confirm the interim bail before arrest of the petitioners namely, Akbar, Jehanzeb, Muhammad Buta, Zulfiqar Ahmad alias Baoo, Nasrullah and Amjad. The petitioners' applications are disposed of accordingly.