' JAVED IQBAL, J.---Pursuant to F.I.R. No,253 of 2002 got lodged with Police Station Saddar, Muridkey, by complainant namelyMian Tariq under sections 148, 149 and 324, P.P.C. The petitioner was arrested for causing injuries to Khurrum Shehzad by means of 'Sota' alongwith other co-accused namely Bashir Ansari, (duly armed with firearm weapons), Qadeer Ansari and Sarfraz son of Allah Ditta (armed with Chhuris, Ali Hussain alias Kaloo (armed with pistol), Azmat Shah and Ihsan Butt (armed with 'Sotas'). It was also alleged in the F.I.R. That Qadeer Ansari and Sarfraz inflicted Chhuri blows on the left leg of Khurrum Shehzad while Sattar Ansari and Bashir Ansari fired which hit on the right leg and thigh respectively. Bail application moved on behalf of petitioner has been rejected vide order impugned assailed by means of this petition.
2. It is mainly contended by Mr. Muhammad Kazim Khan, learned Advocate Supreme Court on behalf of petitioner that accused Sarfraz and Qadeer Ansari to whom a specific role of inflicting Chhuri blows was assigned have been discharged as sufficient incriminating material was lacking connecting them with the commission of alleged offence. It is also contended that Azmat Shah (co-accused) sustained injuries caused by the complainant party which aspect of the matter has been ignored by the learned High Court which resulted in serious miscarriage of justice and in view of counter-version put forth by the petitioner the concession of bail should have been extended in his favour; It is further contended that petitioner was arrested in the first week of July, 2002 and challan is yet to be submitted.
3. Conversely Mr. Aziz Ahmad Chughtai, learned Advocate Supreme Court appeared for the State and opposed this bail application on the ground that specific role has been assigned to the petitioner who inflicted 'Sota' blows and caused injuries to Khurrum Shehzad. The learned State Counsel, however, could not give any plausible justification that as to why the challan could not be furnished so far.
4. A careful scrutiny of the entire record would reveal that the petitioner was armed with 'Sota' and no specific injury has been attributed to the petitioner. Besides that during the course of investigation co-accused namely Sarfraz and Qadeer Ansari to whom a serious role of infliction of Chhuri blows was assigned have been discharged due to want of incriminating material. It is worth mentioning that bail has already been granted in favour of Ali Hussain (co-accused) who was armed with a pistol. It has also come on record that co-accused Azmat Shah was also injured during the scuffle and as such being a case of counter version the concession of bail can be extended in favour of petitioner on the ground of further inquiry under section 497(2), Cr.P.C. In this regard reference can be made to Shoaib Mehmood Butt v. Iftikharul Haq 1996 SCM R 1845, Fazal Hussain v. The State 1976 SCM R 124. The principle of consistency can also be pressed into service as bail has been granted to Ali Hussain who was armed with pistol. Besides that it is yet to be determined as to who is the aggressor and thus matter squarely falls within the ambit of further inquiry. We are, therefore, inclined to grant leave by converting this petition into appeal which is accepted. The petitioner is granted bail subject to furnishing surety in the sum of Rs,50,000 (Rupees fifty thousand only) and P.R. Of the same amount in a case registered vide F.I.R. No,253 of 2002 got lodged with Police Station Saddar, Muridkey, under sections 148, 149 and 324, P.P.C. To the satisfaction of learned Judicial Magistrate concerned.
' The observations made herein above are tentative in nature and shall not affect the merits of the case.