KHALID PAUL KHWAJA, J- On 26-3-1994 at Police Station Sabz Pir, Sialkot a case under sections 324, 337-A(i), 337-F(ii) and 34 PPC was registered against Muhammad Younas, Abdul Qayyum, Abdul Ghafoor and their father Abdul Majid accused at the instance of Sarfraz Ahmed complainant. It was alleged that on 24-3-1994 at 6.15 p.m. The aforesaid accused had launched a murderous assault on Sarfraz Ahmed complainant and his brother Zulfiqar Ali and caused injuries to them with a Chhuri and brick bats. Zulfiqar Ali injured succumbed to his injuries on 27.3.1994 and therefore, section 302 PPC was added.
2. Muhammad Younas accused, who is now in the judicial lock up, has applied for his post arrest bail.
3. I have heard the parties' learned counsel and have also gone through the record.
4. According to the medical evidence available on record Sarfraz Ahmed complainant had suffered one sharp edged injury on his chest which was attributed to Abdul Ghafoor accused who is not a petitioner before this court. Zulfiqar Ali deceased had suffered two injuries out of which one was located on his left temple and the other was located on his left shoulder. The first mentioned injury, which proved fatal, was attributed to Abdul Qayyum accused who is not a petitioner before this court and the other injury which was simple in nature was attributed to Muhammad younas petitioner.
5. The case was investigated by DSP Masood Tariq who came to the conclusion that Muhammad younas petitioner and his father Abdul Majid accused were innocent. On the application of the complainant party the investigation was transferred to Rana Shaukat DSP, CIA, Sialkot who also came to the same conclusion. Cancellation of the case was recommended against the said two accused. When the case was put up before the learned Ilaqa Magistrate for the discharge of the petitioner he refused to discharge him. However, he has been placed in column No.2 of the challan.
In this view of the matter when there is a delay of about 49 hours in lodging of the FIR, no serious injury has been attributed to the petitioner and apparently there was no pre-meditation, the case of the petitioner requires further inquiry. He, therefore, is admitted to bail in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of A.C. Pasroor/Ilaqa Magistrate.