' Maqsood Ahmad and Qudrat petitioners have sought, for post-arrest bail in case F.I.R. No,128, dated 21-8-2002, under sections 324/ 337-A(i)(ii)/337-F(i) (vi)/148/149, P.P.C. With Police Station Bangla Icha, District Rajanpur.
2. Briefly, the prosecution case as per F.I.R. That on 17-8-2002 at about 3-00 p.m. Saeed Ahmad armed with Sota, Mustafa emply-handed, Qadi with Sota, Fida Hussain with Sota, Sajjad Ahmad with Sota, Sher Muhammad empty-handed, Maqsood Ahmad with iron bar and Qudrat with hatchet in prosecution of the common object of the unlawful assembly formed by them have caused injuries to Umer Bakhsh, complainant, Rafi Ullah, Muhammad Murad, Barkat Ali, Niaz, Mir Alam and Mst. Mitthu Mai.
' The motive behind the occurrence is that some time prior to the same there had been an altercation between the accused and Rafi Ullah injured. The accused had felt annoyance over the same and had committed the abovesaid act.
3. It has been contended on their behalf that they have falsely been roped in; that in fact the complainant party was aggressor and they were aggressed upon; that there was cross-version from their side before we police and in the same the complainant and four others were directed to be challaned to Court; that it is yet to be ascertained that which of the parties was aggressor and who was aggressed upon and from this angle their case amply falls within the ambit of subsection
(2) of section 497, Cr.P.C. Requiring further inquiry into their guilt; and that they are behind the bars for the last about seven months and are previous non-convicts.
4. Conversely, the learned State Counsel has opposed the petition on the ground that the petitioners are named in the F.I.R. With specific role of causing injuries to the injured persons. He, however, has conceded that from their side cross-version has been recorded by the police and in the same five persons including the complainant were directed to be challaned to Court.
5. I have carefully considered the submissions made from both the sides with the help of available record.
6. No doubt seven persons from the complainant's side have allegedly been injured at their hands but the fact also remains that there is a cross-version from their side in respect of the injuries to their five persons. The existence of the cross-version has been borne out from the record. It has also been borne out from the record that the police have opted to challan five persons of the complainant party including the complainant himself. Therefore, it is yet to be ascertained that who was aggressor and who was aggressed upon. This renders their case open to further inquiry as envisaged by subsection (2) of section 497, Cr.P.C.
7. They arc stated to be behind the bars for the last about seven months and previous non- convicts. In these circumstances, I accept this petition and admit them to bail provided they furnish bail Bonds in the sum of Rs,50,000 each with one surety each in the like amount to the satisfaction of the learned Ilaqa/Duty Magistrate/trial Court.