' This order shall be read in continuation of my order dated 25-9-2001. Petitioners along with Younis alias Pappu are indicted in Crime Report No,273 of 2000 dated 3-8-2001 under sections 337- A(i)/337- A(ii)/337-L(2) , P.P. C . Registered against them with Police Station Badami Bagh, Lahore at the instance of Yousuf Masih resident of Shandara. Occurrence of the alleged incident took place on 9-7-2001 at 12-10 a.m. And the matter was reported to the police on 3-8-2001 at 12-20 a.m.
(night). Petitioners are alleged to have held the complainant in their clasp from behind and thereafter delivered fist blows on his person. Then bricks were also delivered by them on his person.
Petitioners feeling imminent arrest at the hands of the police, approached a learned Sessions Judge Lahore through their application for bail before arrest who made over the same to a learned Additional Sessions Judge for its disposal in accordance with law. The said learned Judge declined relief to the petitioners through his, order dated 17-9-2001 containing variety of reasons for refusal thereof. Now they have approached this Court through the instant petition seeking same relief.
2. Learned counsel for the petitioners in support of this application submits that the complainant is resident of Shandara and it was he who had initiated attack upon Dilshad by means of a Chhurri and inflicted injury on his right hand. He was examined for his injuries by a Medical Officer who issued Medico-Legal Report No,G.P.45/5645. W.S.01, in lieu thereof. He received two injuries. Medico- legal report of Yousuf Masih reveals that he suffered five injuries by means of a blunt weapon. He submits that counter-version was raised which is also being investigated by the police and Yousuf Masih is not making himself available. He is avoiding to join the investigation. Learned counsel for the petitioner next submits that occurrence of the alleged incident involves two versions and the petitioners have been regularly joining the investigation and no recovery could be effected either from their possession or at their instance, that allegations are of doubtful character. He further argues that occurrence had taken place in front of their house and factum of aggression committed by the complainant is self-evident.
3. On the contrary, learned counsel for the State after due consultation of relevant record submits that names of the petitioners figure in the first information report. Specific role has_ been attributed to them and that complainant cannot be considered as an aggressor.
4. Both the sides have been heard at length. Admittedly injuries sustained by Dilshad Masih have been suppressed in the first information report. There is about ten hours delay in reporting the matter to the police. The petitioners have been regularly joining the investigation. No incriminating articles could be recovered from them and no further offence is to be discovered from them. Their arrest under these circumstances is not absolutely 'vital for any cause of the prosecution.
5. For all these reasons interim anticipatory bail already allowed to the petitioner is hereby confirmed. The petitioners are directed to associate themselves with the investigation of the case as and when called upon to do so by the Investigating Agency through valid written orders.
Interim anticipatory .