Muhammad Shafi, Ghulam Rasool and Muhammad Iqbal, the petitioners have brought the instant petition seeking pre-arrest bail in case F.I.R.No.232 dated 23-11-2002 under section 337-A(ii)/34, P.P.C. Registered with Police Station Rangpur, District Muzaffargarh.
2. Briefly the prosecution case as per F.I.R. Is that on 22-11-2002 at about 6-00 a.m. Muhammad Shafi armed with Soti, Ghulam Rasool with Sota, Mushtaq Ahmad with hatchet and Muhammad Iqbal with Sota in furtherance of their common intention have caused injury to Qaisar Abbas, the son of the complainant. Mushtaq Ahmad inflicted him hatchet blow hitting on his upper right side of the forehead and bleeding started from the wound and he fell down unconscious. On hue and cry, Akhtar Hussain and Nazar Muhammad were attracted to the spot. The accused on seeing them fled away with their weapons to their houses.
3. The motive behind the occurrence is the dispute over the land.
4. It has been contended on their behalf that they have falsely been roped in with mala fide intention on the part of the complainant as civil litigation is going on between them and the complainant party; that they have been ascribed no injury to the injured Qaisar Abbas or anyone else: that their mere presence at the spot has been shown; that cross-version by petitioner No.2/Ghulam Rasool has been advanced and in the same Qaisar Abbas injured has been arrested and sent to judicial lock-up, therefore, it is yet to be determined that who was aggressor and who was aggressed upon; and that they are behind the bars and previous non-convicts.
5. Conversely, the learned counsel for the State had opposed the petition.
6. I have carefully considered the submissions made by the learned counsel for the parties with the help of available record.
7. Admittedly there is dispute over the land between the parties and the suit filed by the petitioner's side is pending against the complainant's side before the competent Civil Court.
8. They have been ascribed no injury to the injured Qaisar Abbas. Their mere presence at the spot has been shown. The petitioner No.2/Ghulam Rasool brought forth the cross-version in respect of the occurrence and in the same Qaisar Abbas has been arrested and sent to judicial lock-up. It is, therefore, yet to be determined that who was aggressor and who was aggressed upon. Hence, their case is covered under sub--section (2) of section 497, Cr.P.C. Requiring further enquiry into their guilt.
9. Admittedly, they have joined the police investigation and are not wanted for any further purpose of the same.
10. In these circumstances, I accept this petition and confirm the interim pre-arrest bail already granted to them subject to their furnishing fresh bail bonds in the sum of Rs.50,000 (Rupees fifty thousand) each with one surety each in the like amount to the satisfaction of the learned trial Court.
11. However, they shall join the investigation again if and when so required to do.
H.B.T./M-1811/L