' The petitioners are involved in case F.I.R. No,94 of 2000, dated 8-3-2000 registered at Police Station Nia Lahore for an offence under section 337-A(i)(ii)(iii)/337-L(2)/452/148/149, P.P.C. On the written application of Falik Sher complainant that he is resident of Chak No,344/GB and that his relative Ashiq Ali had constructed a shop in village 344/GB and on 4-3-2000 at about 7-00 p.m. Ashiq Ali was sitting in his shop that five persons namely Ghulam Abbas, Ghulam Shabbir, Hidayatullah, Muhammad Shahbaz and Muhammad Amj ad all armed with Sotas and residents of the same village came, deshoped and started abusing to Ashiq Ali and thereafter began to beat him who ran to save his life into his house and the accused also entered in his house. Ghulam Abbas gave Sota blow to Ashiq Ali, which hit on the left side of his head, the other co-accused also started beating Ashiq Ali with Sotas and resultantly Ashiq Ali became senseless. Muhammad Asif the brother of Ashiq Ali came on the spot and the accused also gave beating to Asif and he received many injuries and saved his life with great difficulties. On the noise, Muhammad Azam son of Feroze Din, Muhammad Amin son of Muhammad Shafi came on the spot and entreated the accused. The motive behind the occurrence as stated in the F.I.R. Was that Ashiq Ali was married to Rukhsana with which the accused was annoyed and committed the alleged offence.
2. Earlier the bail moved but the same was dismissed by the learned Additional Sessions Judge on 28-6-2000 for the reasons that the petitioners were named in the F.I.R. And specific role were attributed to them. They while being armed with Sotas and caused injuries to Ashiq Ali and also gave beating to the injured. One of the injured suffered fracture (Shajjah-iHashimah), punishment for which was 10 years falling within the prohibitory clause and that during the police investigation they have been found guilty.
3. The bail is now pressed on the ground that the case against the petitioners was registered with mala fide intention and ulterior motive and to pressurize the petitioners whole family with the connivance of the police and that there is delay of four days in lodging the F.I.R. Without any plausible explanation and that there is violation of section 173-1(b) of Cr.P.C., the challan was not submitted within 17 days of the registration of the case and that specific injury has been attributed to Ghulam Abbas while role of the other is general and that none of the injuries has been found dangerous to life and that even there is a delay of 24 hours in getting the medical examination done and yet the M.L.R. Mentioned the duration as fresh and that the self-infliction of the injuries cannot be ruled out in the circumstances of the motive behind the occurrence and that the petitioners are in judicial lock-up for the last two months and all the male members of the petitioners' family have been roped to take their revenge of the dispute of Hidayatullah's daughter with Ashiq Ali and that the petitioner Hidayatullah is 75 years old and no recovery has been effected from him and the recovery from the remaining accused is only fake and that the petitioners are not previous convict.
4. On the other hand, learned counsel for the State has opposed the granting of bail to the petitioners on the same grounds as have been mentioned by the learned Additional Sessions Judge, Gojra while refusing the bail. The Investigating Officer is present and submits that investigation is complete and the petitioners no more required for that purpose and that the challan has been submitted.
5. I have given due consideration to the valuable arguments' on both sides and perused the record.
6. The tentative assessm ent of the material -on the record shows that the petitioner Hidayatullah is an old man of 75 years which is an age of infirmity and thus, his case does fall under First Proviso to section 497, Cr.P.C. Further the punishment of all the offences except offence under section 337- A(iii) is less than 10 years, the dispute over marriage of Ashiq with Rukhsana was alleged motive, the delay of 4 days in lodging of the F.I.R. Without any plausible explanation and the delay of 24 hours in getting the medical examination conducted of the victim makes this case that of further inquiry and falling under section 497(2), Cr.P.C.
7. As such, the petitioners are granted bail subject to their the furnishing bail bonds in e sum of Rs,25,000 (Rupees twenty-five thousand) each with one surety each in the like amount to the satisfaction of the trial Court.
8. Copy Dasti.