' A case under section 337-A(ii)/337-A(i)/337-F(i)/148/149, P.P.C. Was registered against the petitioner and 7 others on the ground that after forming unlawful assembly, they attacked the complainant side thereby causing two injuries to Mst. Naseem Akhtar, four injuries to Mst.
Muhammad Jan, five injuries to Azam Khan and three injuries to Rab Nawaz.
2. It is submitted that according to the F.I.R., the petitioner is attributed one simple injury each to Mst. Naseem Akhtar and Mst. Muhammad Jan which are allegedly simple. The other injuries are attributed to the co-accused of the petitioner out of whom two namely Khani Zaman and Rafaqat have since been admitted to bail by the learned trial Court. The pre-arrest bail of the remaining accused is still pending as they are on interim bail.
3. It is further contended that the case of the petitioner is not distinguishable from his co-accused who have already been admitted to bail. The injuries attributed to the petitioner being simple, the offence does not fall within the prohibitory clause. The investigation is yet in progress but the petitioner has since been sent to the judicial lock-up and is no more required for the purpose of investigation. He is behind the bars since 12-9-1997 after the dismissal of his pre-arrest bail petition.
4. Learned State Counsel has opposed the bail on the ground that a specific role has been attributed to the petitioner for causing injuries to Mst. Naseem Akhtar and Mst. Muhammad Jan.
Though the offence does not fall within the prohibitory clause but still the offences are not bailable and as such, he should not be admitted to bail this stage.
5. I have considered the foregoing submissions and find that simple injuries are attributed to the petitioner and his co-accused having similar role have already been admitted to bail. The rule of consistency would require that the petitioner should also not to be denied the concession of bail particularly when the offence does not fall within the prohibitory clause. The petition is accordingly allowed and the petitioner is admitted to bail in the sum of Rs,15,000 with a surety in the like amount to the satisfaction of the trial Court.