' This is an application by Muhammad Aslam son of Ghulam Shah under section 498, Cr. P. C. For the grant of bail. He is accused alongwith other ,persons of an offence under section, 148/302/149, P. P. C., ' The contention raised on behalf of the petitioner is that it was the complainant party who had attacked the petitioner and his companions during which Said Ahmad and Aslam petitioner also received injuries. Learned counsel for the petitioner pointed out that a private complaint giving a counter-version has also been instituted. He has also referred us to certain portions of the statement of Muhammad Ishaque complainant before the Inquiry Magistrate which go to support the contention of the learned counsel.
2. The State has opposed the bail application.
3. Having heard the learned counsel for the parties and after going through the F. I. R. The counter- version and the statement of Muhamma Ishaque complainant before the learned Inquiry Magistrate, I feel that there is some substance in the contention_ raised by the learned counsel for the petitioner and certain doubts have been cast on the prosecution case by the statement of Muhammad Ishaque complainant that the petitioner and on A of his co-accused had also sustained injuries during the occurrence. I think the case falls under subsection (2) of section 491 of the Cr. P. C. In thi view of the matter I feel that prima fade the petitioner is not guilty of an offence punishable with death or imprisoament for life. The petitioner, I f ranted bail in the sum of Rs, 20,00 with two sureties each in the like amount to the satisfaction of the A. C., Gujrat.