1. ' The facts leading to present application for bail are that applicant/accused Noor-ur-Rehman is facing trial before learned Sessions Judge, Karachi West under sections 147, 148, 149 and 324, P.P.C., which arose out of F.I.R. No,22 of 1999 of Police Station Saeedabad Karachi West.
2. ' The brief facts of the prosecution case as alleged in the F.I.R. Lodged by complainant Muhammad Fayaz on 21-1-1999:-- "I live on the abovesaid address alongwith family. I and my elder brother Muhammad Riaz are married with the daughter of Gul Rehman. My elder brother Muhammad Riaz lives in Sultanabad.
3. Today in the morning Muhammad Riaz's wife Gul Zareen got annoyed with her husband and went to her parents house. 4/5 days back my wife got annoyed and she also went to her parents house.
4. Zubair Baryani Wala and Subaidar Sahib got settlement made. Today in the evening at 6 O'Clock I and my brother Muhammad Riaz went to Zubair Beryani Wala for settlement. My two brothers-in- law Rehman Muhammadi and Sohail also came there. Talks took place but ended in bitterness. We returned home without any settlement. I, my father Haji Ghulam Sabir, my brother Muhammad Riaz and Muhammad Sajjad were going to lodge report at Police Station Saeedabad at about 6-15 p.m.
5. When we saw that the Noorur Rehman, Muhammadi and Sohail who were carrying Chhuris Shoukat Rehman, Gul Rehman and their son Jibran etc. 2/3 persons carrying Dandas attacked on us. Noorur Rehman and Sohail caught hold of my father and inflicted Chhuri and Danda blows to my father on head due to which he sustained injuries. Muhammadi inflicted Chhuri blows on the sensitive lower portion of the body of my brother Riaz and Shoukat Rehman inflicted Chhuri blows on the abdomen of my brother Sajjad with intention to kill them. They received injuries on the left side of ribs. The incident was witnessed by me, my brothers, father Ghulam Sabir and other persons who were present there. The accused beat us with Dandas and Chhuris and succeeded in running away. My both brothers and father Ghulam Sabir are under treatment in Civil Hospital, I, and other witnesses can identify the accused persons."
6. ' The applicant/accused applied for the bail before trial Court and it was declined by impugned order, dated 5-3-1999.
7. ' I have heard Mr. Amjad Ali learned counsel for the applicant/accused and Mr. Sharafat Ali Khan, learned counsel on behalf of Advocate-General for the State. The latter opposed the bail plea of the applicant/accused.
8. ' I have perused the material placed on record and also the police papers with the assistance of the learned counsel for the parties. The allegation against the applicant/accused is that he caused Chhuri blows to the P.W. Haji Ghulam Sabir father of the complainant. The certificate isued by Medico-legal Officer, Civil Hospital, Karachi shows that the two lacerated wounds caused with hard and blunt substance were found on the person of P.W. Haji Ghulam Sabir and there was no incised wound on his person. Thus, the ocular and medical evidence is in conflict with each other.
9. Moreover, admittedly the enmity between the parties is subsisting over matrimonial dispute.
10. ' Looking towards the peculiar facts and circumstances of the case I am of the considered view that this case necessitates further enquiry as contemplated under section 497(2), Cr.P.C. And the applicant/accused is entitled to bail. Consequently, applicant/accused is granted bail in the sum of Rs,1,00,000 (Rupees one lac only) and P.R. Bond in the like amount to the satisfaction of the trial Court.
11. ' By my short order, dated 25-3-1999 bail was granted to the applicant/accused and above was the detailed reasons for the same.