WAJID ALI Versus HAMID NASIR CHATHA

ORDER

Petitioners Muhammad Aslam and Gulfam seek bail in a case registered against them with Police Station Sillanwali, District Sargodha, vide F.I.R. dated 8-7-1993, for offences under section 324/148/149/337-A(i) (ii)/337-F(i)(iv), P.P.C. The case was got registered by Nazim Ali with the allegation that on 8-7-1993 at 7 p.m., first informant with Mehmood Ali and Waris Ali, his paternal-cousins, was coming to his house when the petitioners armed with Sotas, alongwith their co-accused confronted them. Their co- accused Muhammad Afzal raised a Lalkara and fired two shots at Mahmood Ali, who escaped. In the meanwhile, petitioner Muhammad Aslam gave two Sota blows on Mehmood Ali hitting on the back of his head; it was followed by Gulfam petitioner whose Sota blow landed on the left wrist of said Mehmood Ali.

2. It, was contended by learned counsel for the petitioners that one Mehmood Ali, co-accused of the petitioners had also received injuries but they have neither been mentioned in the F.I.R. nor explained by any of the witnesses. Argued that the occurrence took place in front of the house of the co-accused of the petitioners and in such circumstances, the chances of the complainant party being aggressor cannot be ruled out. Asserted that the injuries ascribed to the petitioners have since been declared simple, therefore, they be allowed the concession of bail.

3. 1 have heard the learned counsel and gone through the file. The petitioners were armed with Sotas. They caused simple injuries. One of the co -accused was injured but his injuries were not explained. The other co-accused have since been allowed bail. I have noticed that the case of the petitioners is at par with that of his co-accused, therefore, both the petitioners are also allowed bail, provided each of the petitioners furnishes security in the sum of Rs.25,000 (Rupees twenty-five thousand only) with two sureties, each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Sargodha.

N.H.Q./M-1276/L Bail allowed.