' Awal Gul and Zari Gul sons of Amil Gul, residents of village Sur Dag, Police Station Latambar, Tehsil and District Karak, have preferred the present petition for seeking bail in case F.I.R. No,114, dated 21- 7-1998 for offences under sections 337-U, 337-F(3) and 337(1) of Qisas and Diyat Ordinance of Police Station Latambar (Karak) after having been aggrieved of the orders of Judicial Magistrate, Banda _Daud Shah, dated 10-8-1998 and Sessions Judge, Karak, dated 29-9-1998, respectively.
2. The facts of the case briefly stated are that on 21-7-1998 Nek Muhammad complainant made a report in the police station at 7-40 hours alleging that on that day at 7-15 hours he was proceeding to receive his pension and having reached the shop of Azmat Steel Works, the present two petitioners namely, Awal Gul and Zeri Gul alongwith two others waylaid him. They were armed with Topaks, sticks and hatchets. The aforesaid accused accordingly attacked him and caused injuries to him and that the motive for the offence was a dispute with the women-folk of the petitioners a day earlier. After recording the report of the complainant in Daily Diary No,24 of the same day the complainant was sent for medical examination where he was examined and the doctor declared his injuries grievous caused with blunt means as per report of the X-Ray. It is important to mention that there was also a counter-report lodged on the same day by Zari Gul petitioner against the complainant Nek Muhammad and four others. This report was also recorded by the local police in Daily Diary No,30 of the same day. The injuries caused to Zari Gul were simple in nature as is evident from the medical report.
3. I have heard the learned counsel for the petitioner and the learned State Counsel. Record of the case also perused.
4. A Admittedly, there are two versions of the case available on the record in which the parties, the time of occurrence and the dispute is the same. Since the report of Zari Gul could not be recorded in time, therefore, the local police has filed a complaint against Nek Muhammad complainant and others before the trial Court. In this situation it cannot be ascertained as to which of the party was the "aggressor and which was aggressed upon". It is for the trial Court to arrive at such a conclusion. Besides the offence for which the petitioners are charged entails punishment for less than 10 years. The case of the petitioner, therefore, is arguable for the purpose of bail. In this view of the matter, the petitioners are allowed bail provided each one of them furnishes bail bonds in the sum of Rs,2,00,000 (Rupees two lacs) with two sureties each in the like amount to the satisfaction of the Illaqa/Duty Magistrate.