' Having failed to secure his release on bail from the Courts below, in a case registered vide F.I.R.
No,190, dated 11-3-2000 under sections 324/148/149, P.P.C. In Police Station, Kabal, Mutabar petitioner has approached this Court for the said relief.
2. The accusations against the accused-petitioner are that he alongwith his co-accused fired at Dawa Khan husband of the complainant as a result of which he sustained injuries. The report of the occurrence was lodged by Mst. Bacha Bibi wife of the Dawa Khan injured.
3. Arguments heard and the record perused. No doubt the accused-petitioner is directly charged in the F.I.R. For firing at Dawa Khan but there is also a cross-case lodged by Kaki the same day wherein the time of occurrence has been shown as 7-15 a.m. Which time coincides with the time given in the present case. Besides the venue of occurrence in both the cases is one and the same.
It is also worth mentioning that Dawa Khan injured of this case has been named as one of the accused of the cross-case registered under section 302/324/34, P.P.C. Such being the case it is yet to be seen that which of the parties is the aggressor and which has been aggressed upon. The learned counsel for the accused-petitioner also pointed out certain lacuna in the prosecution case; like delay in lodging of the F.I.R., contradictions between ocular and medical evidence etc. At bail stage the Court is not required to go deep into the merits of the case. However, from tentative assessm ent of the record made available the case of the accused-petitioner is of further inquiry.
4. In the circumstances the application is accepted and the accused-petitioner Mutabar is allowed bail in the sum of Rs,50,000 with two sureties each in the like amount to the satisfaction of Illaqa/Duty Magistrate. The sureties must be local and men of means.