Mansha petitioner has moved this petition for bail in a case registered against him and his co- accused under sections 148, 324 and 307/149, P. P. C. The allegations are that on 18th June, 1977 the petitioner armed with hatchet and his co-accused armed with sticks attacked Muhammad Din complainant and when his brothers Mansha and Manzur Ahmad P. Ws. Tried to intervene the petitioner inflicted a hatchet blow on the head of Manzur Ahmad P. W. And the other accused injured him with their sticks.
2. The learned counsel for the petitioner contends that Muhammad Din complainant and his brother Mansha had no injury on their persons and it appears that this occurrence was not witnessed by them. He further states that all the injuries on the person of Manzur Ahmad were declared simple in nature and in that view of the matter the case of the petitioner is at par with that of other co-accused who have already been admitted to bail by the learned sessions Judge.
In support of this contention he has produced medico-legal report of Manzur Ahmad which contains a note dated 20-6-1977 as follows : "X-ray reports Nos. 499 to 501 D/19-6-77 shows no bony injury. Hence all the injuries are declared simple."
The learned State counsel is not in a position to controvert the contention that all the injuries on the person of Manzur Ahmad have been declared simple. In the circumstances I admit the petitioner to bail in the sum of Rs. 10,000 with one surety in the like amount to the satisfaction of Assistant Commissioner, Dipalpur.