1. ' Prosecution case is that on 7-11-2002 Naseeban the sister of complainant Qurban went to hospital taking her ailing son there for examination and treatment. Rajab the applicant together with his brothers Bakhsan, Sajjan and a relative Phuloo abused her on the way and gave stick blows besides kicks and fists. On the shouts of Naseeban her brother Qurban came and rescued her. All the four assailants then departed hurling abuses at the lady and her brother.
2. ' The injured lady was taken to Police Station Dadu and the matter reported to them. The report was entered in the Roznamcha and the injured referred to Medical Officer Civil Hospital Dadu for examination and certificate.
3. ' On 2-12-2002 medical certificate showing 8 injuries on the person of lady was received. As the medical certificate disclosed cognizable offences also the report of Qurban was incorporated under section 154, Cr.P.C. And the investigation started.
4. ' On 25-11-2002 Rajab was arrested. After investigation the challan has been submitted before Judicial Magistrate Dadu.
5. ' The bail plea of applicant was declined by the Judicial Magistrate and then by learned Additional Sessions Judge, Dadu. Thereafter, present application has been filed.
6. ' Heard arguments. Although as many as 8 hurts were found on the person of victim lady but those have been attributed to 4 accused. The injury No,3 which is fracture is punishable with imprisonment for 7 years being Ghyr Jaifah Munaqilah whereas remaining injuries are punishable with imprisonment for 2 years. None of the injuries is specifically attributed to a particular person.
7. No doubt collective activity can also be an offence but, in the circumstances this applicant has a case for bail. . He shall be released on his furnishing solvent surety in the sum of Rs,50,000 (fifty thousand) and P.R. Bond in the like amount to the satisfaction of the learned trial Court.