GHULAM HUSSAIN Versus State

ORDER

MUHAMMAD JEHANGIR ARSHAD, J.-- - Muhammad Iqbal S.-I, present in Court, submits that during the investigation Ghulam Hussain petitioner was found innocent whereas Muhammad Hussain and Fida Hussain co-accused have been challaned but.; they have also been .allowed post-arrest bail by the learned Magistrate 1st Class, Ahmadpur East on 31-1-2006. However learned counsel for the complainant submits that the police has dishonestly declared Ghulam Hussain petitioner as innocent whereas injury on the head of Zafar Abbas complainant is attributed to the petitioner but in the F.I.R. one Akhtar Abbas has been mentioned as complainant. Further submits that the co-accused namely Muhammad Hussain and Fida Hussain have compromised with .the complainant.

2. On the other hand learned counsel for the petitioner submits that the petitioner is alleged to have caused injury on the right finger of the complainant but the same is not founded in the medico-legal report. Similarly, second injury allegedly caused by the petitioner to the complainant on his head; is also not found in the medico-legal report and the third injury is attributed to all the accused persons on the back of the complainant which falls within the ambit of section 337-L(2), P.P.C. which is only punishment for two years and is not cognizable.

3. Since at present the petitioner has been found innocent during the police investigation, therefore, ad interim pre-arrest bail already granted to the petitioner is confirmed on the bail bond already furnished by him. However, if the trial Court does not agree with the opinion of the police; the complainant shall be at liberty to move for cancellation of bail granted to the petitioner.

4. This petition stands disposed of.

H.B.T./G-7/L ?????????????????????????????????????????????????????????????????????????????????????? Bail confirmed.