' This is an application for the grant of bail after arrest on behalf of the petitioners in a case F.I.R.
No,112/94. Dated 20-5-1994 registered at Police Station, Saddar, Burewala for the offence under sections 302. 324, 148 and 149. P. P.0 .
2. It has been alleged in the E.I.R. That Rashid Ahmad, petitioner No,1, gave a hatchet blow to Mushtaq deceased, which hit him on the left side of his head; Abdul Aziz, petitioner No,2, inflicted an injury on the backside of the chest of the complainant with a Sota and Muhammad Afzal. Petitioner No,3, gave a Sota blow to Mustafa, which resulted in the fracture of his left forearm.
3. Learned counsel for the petitioners submits that although a hatchet blow has been attributed to Rashid Ahmad, petitioner No,1, yet according to the postmortem examination report of the deceased, the injury on his head was a lacerated wound, which cannot be caused by a sharp- edged weapon. He further states that the injuries ascribed to Abdul Aziz, petitioner No,2, and Muhammad Afzal, petitioner No,3, are on the non-vital parts of the bodies of the witnesses. Learned counsel for the State and the complainant have vehemently opposed this bail application.
4. I have heard learned counsel for the parties and perused the record.
5. It is not the prosecution case that Rashid Ahmad, petitioner No,1, gave an injury to the deceased from the wrong side of the hatchet, therefore, his participation in the case is not free from doubt.
Reliance in this behalf can be placed upon Muhammad Yousaf v. The State 1982 PCr.LJ 27.
6. So far as Abdul Aziz and Muhammad Afzal, petitioners, are concerned, they did not inflict any injury to the deceased person at all injuries on the persons of the witnesses are admittedly on their non-vital parts. Under these circumstances, at this stage it is difficult to fix the responsibility of the murder of the deceased, upon them.
' In view of above, the petitioners are allowed to be released on bail on their furnishing bail bonds in the sum of Rs.50,000 (Rupees fifty thousand only) each with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate. Vehari.