' A case under sections 365, 324, 337A, 337-F, 148 and 149, P.P.C., is registered against the petitioner and others on the ground that they while differently armed caused abduction of complainant Shaukat Ali and caused him injuries. Apart from that father of the complainant namely Noor Muhammad was also injured during the transaction.
2. The teamed counsel for the petitioner has submitted that out of 10 accused two namely Allah Ditta and Muhammad Hanif have been found innocent during investigation and that they have been got discharged from the Court of learned Illaqa Magistrate. Secondly it is submitted that present petitioner Rashid Ahmad was allegedly armed with a hatchet with which he caused one injury on the head of Noor Muhammad injured P.W. The said injury has been held Ghair Jaipha Mutlahima and Ghair Jaipha Badiah, which is punishable up to maximum sentence of three years, and Daman.
3. Lastly it is contended by the learned counsel for the petitioner that petitioner was arrested on 30- 9-1998 and since then he is behind the bars; that challan has already been submitted to the Court concerned for trial and his person is no more required.
4. The learned counsel for the State assisted by the learned counsel for the complainant has opposed the bail petition on the ground that the petitioner had chosen the vital part of the body of the injured P.W. i,e, his head which showed his intention that he wanted to finish him; that hatchet has since been recovered from the petitioner which further corroborated his participation in the occurrence. It is, therefore, contended that the petitioner has no case for bail at this stage.
5. I have considered the foregoing submissions and find that even according to the observation made by the learned Court below the injury attributed to the petitioner has been held by the medical expert as Ghair Jaipha Mutlahima and Ghair Jaipha Badiah, which is punishable upto three years R.I. And :Daman. Since the petitioner is already behind the bars for the last six months and his persons is no more required as to investigation has already been completed, therefore, allowing this petition, the petitioner is admitted to bail in the sum of Rs,30,000 with one surety in the like amount to the satisfaction of learned Trial Court.