ALLAH BAKHSH Versus STATE

ORDER

Petitioner seeks bail in a case registered against him and others with Police Station Miani, District Sargodha, for an offence under section 337-F(i)(vi) and section 34, P.P.C. The case was got registered by Bashir Ahmed with the allegation that on 31-7-1993, the first informant with his wife Mst. Azra Shaheen was constructing boundary wall on their plot of ten Marlas when petitioner with two others armed with Sotas came there. Petitioner is alleged to have raised a Lalkara and, simultaneously, gave a Sota blow on left arm of the first informant's wife, Mst. Azra Shaheen. It was followed by Naseer Ahmed who gave repeated blows to Mst. Azra Shaheen landing on different parts of her body. Thereafter, Muhammad Bashir and Allah Bakhsh co -accused of the petitioner gave further blows to Mst. Azra Shaheen.

It was contended by learned counsel for the petitioner that Naseer Ahmed co-accused of the petitioner has since been allowed bail and the case of the petitioner is identical with that of his co-accused, therefore, he should have been allowed the same concession. Argued that even if prosecution evidence is accepted petitioner is alleged to have caused only simple injury on non-vital part of the body, for which he has been in jail for the past five months yet the trial has not commenced. Contentions were opposed by learned counsel for the State as well as learned counsel for the complainant.

2. I have heard the learned counsel and gone through the file Petitioner as well as his co-accused are alleged to have given a Sota blow each on the left arm of Mst. Azra Shaheen. A fracture of left arm was detected. It is not clear whether petitioner is responsible for having caused a fracture of arm of Mst. Azra or his co-accused. Therefore, I feel his case becomes of further inquiry. He is allowed bail provided he furnishes security in the sum of Rs.30,000 (Rupees thirty thousand only) with two sureties each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Bhalwal. Petition is disposed of.

N.H.Q./A-519/L Bail allowed.