1. ' By this order I intend to dispose of Criminal Bail Application filed on behalf of applicant Jan Muhammad Khoso in a case bearing Crime No,17 of 2003 of Police Station Tangwani. District Jacobabad for an offence under sections 337-A(i), 337-F(ii), 34, P.P.C. And 24 Dhak Act. The bail plea of the appellant was declined by the learned 2nd Additional Sessions Judge, Jacobabad vide order, dated 24-5-2003.
2. ' The prosecution story as unfolded in the F.I.R. Is that on the eventful day the complainant appeared at police station and lodged F.I.R. The details whereof goes to say as under:-- "It is complained that I am residing in village of my sons, nephews and relatives in Village Muhammad Hayat Khoso Deh Manjhi. I own Kabuli land in Deh Manjhi in which the crop of wheat has been cultivated nowadays. Sher Muhammad Khoso and others are also residing in the same village. Today in the morning, I alongwith my nephews Altaf Ahmed son of Shah Muhammad, Nazir Ahmed son of Abdul Wahid Khoso residents of village Muhammad Hayat Khoso were standing in our land with our work, in the meantime cattle of accused Sher Muhammad Khoso came in my crop of wheat as such I and my nephew Altaf Ahmed, Nazir Ahmed went and while taking the cattle from wheat crop proceeded towards Dhak (cattle pond) at Tangwani and at 9-30 a.m. Accused Sher Muhammad son of Walidad (2) Khan Muhammad alias Moro (3) Jan Muhammad both sons of Sher Muhammad came running having Lathis and accused Sher Muhammad while abusing warned to let of the cattle and we asked them that the cattle has grazed our crop of wheat and we are taking the same to Dhak on which all above accused caused Lathi blows which hit on my head, arm, back, neck, chest and other parts of the body. I have serious injuries on my arm. My nephew entreated the accused and rescued me, then all the accused forcibly got rescued the cattle and taken the same towards their houses. Then my nephew Altaf Ahmed and Nazir Ahmed by arranging conveyance have taken me to police station and I report that above accused on the matter of taking cattle to Dhak have caused me Lathi injuries and have injured me. I am complainant, investigation may be made."
3. ' Besides there is also counter-version of this case vide F.I.R. Being registered which was reduced into writing as Crime No,18 of 2003 registered at Police Station Tangwani, District Jacobabad the details whereof are reproduced hereunder:-- "It is complained that I am residing alongwith my sons in village Muhammad Hayat Khoso. We have our own buffaloes. Today as per routine I took my buffaloes towards Tangwani Shakh for grazing purpose and at 9-20 a.m. When I was going there, saw accused persons namely Muhammad Ashique, Israr Ahmed and Fida Hussain duly armed with Lathis came running and said us in abusive language that since your buffaloes have grazed our crop therefore, we will take the same in Dhak, on this I told them that since their crop has not been grazed on which accused persons gave me Lathi blows on my head left eye, right shoulder. Now I have come at police station with a prayer that the investigation be made."
4. ' The complainant being satisfied with the version given in F.I.R. No,18 of 2003 registered at Police Station Tangwani, District Jacobabad, complainant Jan Muhammad filed a direct complaint the details whereof are reproduced hereunder:-- "It is complained that I alongwith my sons resides in Village Muhammad Hayat Khoso. We have our own buffaloes. On 30-3-2003 as usual I took my cattle for grazing purpose towards Tangwani Shakh. When at 9-30 a.m. Reached at Sarak, in the meanwhile accused namely Muhammad Ashique (2) Israr Ahmed (3) Fida Hussain duly armed with Lathis came running there, they abused me and said that your cattle have grazed our crop, we will take your cattle to cattle pond. I said them that your crop has not been grazed to which we embraced then accused inflicted Lathi blows to me which hit me on my head, left eye, arm, right shoulder and back. Due to such fight my brother Khan Muhammad alias Moro, father Sher Muhammad, son Walidad Khoso came running there and due to such shot on the accused Muhammad Ashique also sustained injuries. We left our cattle there, I alongwith my brother Khan Muhammad alias Moro and father Sher Muhammad lodged report with Police Station Tangwani that above accused by alleging falsely of grazing their crop have given Lathi blows caused injuries. I had sustained deep injuries on my head, the case was registered and I was referred to hospital but the proper certificate has not been issued and my case was disposed of and accused was released. Hence this directs complaint."
5. ' The investigation followed and in due course the applicant was sent up to stand trial in the Court of learned Sessions Judge, Jacobabad.
6. ' I have heard learned counsel for the respective parties and perused the record. It has been contended by learned counsel for the applicant that the case against his client is false who has been involved in the background of enmity as disclosed in the F.I.R. It has also been contended that it is the case of three versions which requires adjudication. It has also been contended that no specific part is assigned to the present applicant namely Jan Muhammad Khoso and it is the case of general allegation. The perusal of the F.I.R. Further reveals that only Lathis were used whereas no automatic or semi automatic weapon of any common pattern was used in the commission of crime. Nothing incriminating has been secured from the possession of the applicant. The offence is not punishable beyond seven years and the same goes out of prohibition as contained in section 497(1), Cr.P.C. Learned counsel also argues that co-accused Sher Muhammad and Khan Muhammad were granted bail by the orders of learned Sessions Judge, Jacobabad vide order, dated 7-4-2003 and the case of the present applicant is identical to the case of co-accused being released on bail and following the principle of requirement of consistency, the applicant is also entitled to grant of bail. In this background learned counsel argues that it is the fit case where the applicant could be enlarged on bail.
7. ' Mr. Muhammad Bachal Tonyo, learned Additional Advocate-General appearing on behalf of the State concedes to the above position and raised no objection if the bail is granted to the applicant.
8. ' What it has been discussed above, I am of the considered opinion that learned counsel for the applicant Jan Muhammad Khoso has been able to make out a case for bail which is granted provided he furnishes surety in the sum of Rs,50,000 and P.R. Bond in the like amount to the satisfaction of the Additional Registrar of this Court.