At the very outset the learned counsel, for the petitioners states that he would not press this bail application to the extent of Mumtaz Ahmad petitioner. Dismissed as having not been pressed.
2. Muharhmad Anwar petitioner has sought his post-arrest bail in case F.I.R. No,302 of 2001 registered at Police Station Saddar, Arifwala on 15-7-2001 for offences under sections 302/337- A(ii)/285/148/149, P. P.0 .
3. According to the F.I.R. eight persons launched a murderous assault on the complainant party causing the death of Muhammad Abbas and also caused injuries on Shah Muhammad . The precise allegation against the petitioner Muhammad Anwar is that he was armed with a rifle and caused injury with the butt of his rifle on the right hand of P.W. Shah Muhammad.
4. I have heard the learned counsel for the parties and have also gone through the record of the case. The injury attributed to the petitioner has been declared simple in nature. Although the petitioner was armed with a rifle yet the allegation against him is that he used the butt of his rifle and caused injury on the hand of Shah Muhammad P.W. Admittedly, the petitioner did not cause any injury to the deceased. The mere fact that the petitioner who was armed with a rifle did not make any fire prima facie shows that he had no intention to cause intentional death of anyone. The allegations against the petitioner in these circumstances need further probe and inquiry within the purview of subsection (2) of Section 497, Cr.P.C. Therefore, I am inclined to admit the petitioner to bail subject to his furnishing bail bond in the sum of Rs,50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the trial Court.