' Petitioner having been arrested in the case registered vide F.I.R. No,272 of 24-10-1997 under section 324/337-F(iii)/148/149, P.P.C. At Police Station vanike Tarrar District Hafizabad alleging causation of a rifle shot injury by the petitioner on left elbow of the complainant's brother Fida Hussain while engaged in peddy field to whom his brother Hameed Ahmed supplemented likewise injury on the left flank as members of an unlawful assembly around 4-00 p.m. On the preceding evening with a view to avenging the altercation ensued between the petitioner and the injured over damaging of peddy crops 3/4 days-ago, has sought bail.
2. Contending that locale of the ascribed injury is on non-vital part for which the injured was relieved a day after from the District Headquarters Hospital and got himself privately treated and was discharged a day later; consistency viz. Co-accused Hamid with identical role though on account of minority having been released on bail by a Judicial Magistrate 5-months ago i,e, on 6- 1-1998, he too is entitled to the concession having served more than 6-months and with the submission of challan is no more required by the Investigating Agency commencement of trial whereof is not in sight.
3. Which has been opposed by the learned counsel appearing on behalf of the complainant as well as the state reiterating the prosecution story without dislodging the contentions urged upon instructions imparted by the police official in attendance equipped with the record, persuaded whereby the petitioner is allowed bail upon furnishing bond in the sum of Rs,50,000 with two sureties each in the like amount to the satisfaction of the trial Court.