' Petitioners seek bail in case F.I.R. No,517 of 1998 registered on 11-10-1998 with Police Station Harappa, District Sahiwal, under sections 337-A(i), 337-A(iii) and 337-L(2) read with section 34, P.P.C.
2. The allegations as unfolded in the F.I.R. Recorded at the instance of Nazeer Ahmad are that his son Imran Ali came out of the fields after easing himself when he was accosted by the petitioner and his co-accused Mitthu who was armed with hunter, whereas the petitioner was armed with hatchet and Khalil co-accused was armed with hunter. First blow was given by Mitthu which hit his son Imran on his head. Mitthu and Khalil gave repeated blows to his son with their hunters. The reason for the fight as given in the F.I.R. Was an earlier fight between Imran Ali and Mitthu accused.
3. The Additional Sessions Judge, Sahiwal rejected the post-arrest bail application of the petitioner on 2-12-1998.
4. Learned counsel before me has contended that the injuries attributed to the petitioner though on the vital part of the body, are simple in nature and punishable under sections 337-A(i) and 337- L(2) to 5 years and two years imprisonment respectively. It is further stated that the very fact that Latif was armed with a hatchet and did not wield the sharp side of the same but hit the injured with its reverse side shows that there was no intention to cause any injury grievous in nature.
5. Learned State Counsel has stated that all of the accused came armed with weapons in furtherance of their common intention to cause hurt, therefore, at this stage their liability cannot be sagregated.
6. I have given consideration to the arguments of both the counsel, however, I feel that since injuries attributed to the petitioners do not fall within the prohibitory clause of section 497, Cr.P.C.
Discretion of bail should be extended to them, especially when they are behind the bars since last three months. Resultantly the bail application is accepted, the petitioners are enlarged on bail provided they furnish security in the sum of Rs,20,000 each with one surety each in the like amount to the satisfaction of the trial Court.