MUHAMMAD NAWAZ Versus THE STATE

ORDER

SH. RIAZ AHMAD, C.J.‑‑‑ Leave to appeal is sought against the order dated 17‑9‑2003 of the Lahore High Court, whereby, the bail application preferred on behalf of the petitioner arising from case F.I.R. No.634 of 2002 registered with Police Station Sadar, Kasur for offences under sections 337‑F(i), 337‑A(ii), 337‑H(ii), 452 read with sections 148 and 149 was dismissed.

2. Malik Saeed Hasan, Senior Advocate Supreme Court contends that it is a case of cross‑version; both sides have been injured and on behalf of the accused persons, no F.I.R. was registered and thus they were constrained to file the private complaint, and the trial Court has summoned the accused nominated in the complaint. Trial in both the complaints as well as the challan would proceed together. He further states that the injured did not receive any serious injury and the case does not fall within the prohibitory clause, therefore, the petitioner is entitled to the grant of bail.

3. We have considered this aspect of the case. Petitioner was armed with a fire‑arm weapon and he had caused injury to Safdar and then kept on firing. We cannot appreciate the evidence at this stage nor we can determine as. to who was the aggressor. Let some evidence be recorded, then the petitioner would be at liberty to move afresh for the grant of bail. Dismissed accordingly and leave to appeal refused.

N.H.Q./M‑33/S Leave refused.