' The petitioners seek post-arrest bail in F.I.R. No,13, dated 18-1-2001 under sections 148/302/324/149, P.P.C. Registered at Police Station, Lundianwala, District Sheikhupura.
2. Briefly stated the facts are that Saif, Walayat, Muhammad Nawaz and Muhammad Hayat armed with .12 bore guns whereas Mehboob Ahmad and Muhammad Ayyub armed with rifles and Mst.
Irshaad Bibi armed with Sota formed an unlawful assembly and in prosecution of their common object caused the death of Ameer Ali and inflicted injuries on the persons of Mst. Sardar Bibi, Abbas and Zahoor Ahmad. The petitioner Mehboob Ahmad has specifically been assigned the role of causing injuries with the butt of his rifle, on the persons of Mst. Kausar Bibi and Mst. Sardar Bibi.
3. The petitioners applied for bail which relief has been declined to them by the learned Additional Sessions Judge, Jaranwala vide order, dated 7-6-2001.
4. The petitioner Mehboob Ahmad alongwith Saif and Muhammad Ayyub petitioners applied for bail in this Court. However, today learned counsel for the petitioners has withdrawn the instant petition to the extent of Saif and Muhammad Ayyub as none of them had approached the learned trial Court for their relief of bail in the first instance. Accordingly the instant petition is being contested on behalf of petitioner Nu. I Mchboob Ahmad.
5. Arguments have been heard and record perused.
6. Stand of the learned counsel for the petitioner is that although the petitioner has been shown to be armed with a rifle yet he is alleged to have caused injuries with the butt of his rife on the person of Mst. Kausar Bibi and Mst. Sardar Bibi P.Ws. That he has not been assigned or attributed any injury on the person of the deceased Ameer Ali, that the main target in the instant occurrence was Ameer Ali and no part has been attributed to the petitioner regarding infliction of any injury on his person, that even no incriminating article has been recovered from his possession that he was arrested on 22-1-2001 and since then is in judicial lock-up. He further submits that the injuries on the persons of Mst. Kausar Bibi and Mst. Sardar Bibi are of simple nature and even on this score he is entitled to the relief of bail. In support of his contention he has placed reliance on Abdul Aziz v. The State (1996 SCM R 1693), Attaullah and 3 others v. The State and another (1999 SCM R 1320), Shamman v. The State (1996 PCr.LJ 1876), Muhammad Nazeer and another v. The State (1996 PCr.LJ 1100).
7. Conversely bail application has been opposed by the learned counsel for the complainant assisted by the learned counsel for the State. To supplement his contentions, it is submitted by the learned counsel for the complainant that although simple injuries have been attributed to the present petitioners and that too on the person of P.Ws. Yet it is evident from the contents of the F.I.R., that he alongwith his co-accused had come duly prepared and consequently shared common intention with his co-accused, that the attack in the instant case appears to be a premeditated, that as the challan has been submitted in the Court after due investigation whereby the petitioner has been found responsible for the commission of this offence, so he is not entitled to the relief sought by him.
8. A perusal of the contents of F.I.R. Reveals that in the first phase of occurrence injuries have been caused to the deceased, Abbas Ali and Zahoor Ahmad and in the second phase of this occurrence when Mst. Sardar Bibi and Mst. Kausar Bibi tried to rescue the injured they have also been injured by the present petitioner. The injuries on the persons of Mst. Kausar Bibi and Mst. Sardar Bibi arc of simple nature. No injury on the person of deceased Ameer Ali has either been attributed to the present petitioner or caused by him. The petitioner was armed with rifle yet he chose to cause injuries to Mst. Sardar Bibi and Mst. Kausar Bibi with the 'butt' of his rifle. The petitioner was arrested on 22-1-2001 and since then is in judicial lock-up.
9. Since no injury has been attributed to the present petitioner having been caused on the person of the deceased and only simple injuries with blunt weapon have been attributed to him and that too on the persons of P.Ws., so all these facts make the case of the petitioner open for further inquiry. Accordingly the petition is accepted and the petitioner is admitted to bail in the sum of Rs,50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.