ALLAH DITTA and 2 others vs THE STATE

ORDER

' On information laid by petitioner No,2 at Police Station Sahooka, District Vehari, a case under sections 337-A(ii), 337-A(iii), 337-F(vi), 337-L(ii)/34, P.P.C. Was registered against Irshad Ahmad and others vide F.I.R. No,207 of 1999, dated 14-8-1999. On 20-8-1999 the said Irshad Ahmad got recorded his cross-version wherein he stated that while his buffaloes were drinking water at the tap near his house, the petitioners armed with sticks came to the spot. Ahmad Bakhsh made a Lalkara that Irshad Ahmad should not be left to live and proceeded to administer him a stick blow to the back of his head. Petitioner No,1 gave a similar blow on the left leg while Khuda Bakhsh gave him a stick blow to his left shoulder. On his hue and cry his brothers Gulzar Ahmad and Ibrahim came to the spot. Petitioner No,3 gave a stick blow to the left arm of said Gulzar Ahmad while petitioner No,2 hit his face. Petitioner No,1 hit him on the left leg. Several persons came whereupon the said accused persons left the scene. As a result of the said cross-version the petitioners were arrested on 13-1- 2000. They filed a bail application which was heard by a learned Additional Sessions Judge and dismissed 28-3-2000.

2. Learned counsel contends that the learned Sessions Judge found the offence not to be falling within the prohibitory degree and yet refused to grant bail. Further argues that the accused persons in the main case have already been granted bail. Learned counsel for the complainant opposes the bail application.

3. I have gone through the record of the case. I find that nature of injuries do not bring the case within the prohibitory clause of section 497, Cr.P.C. Apparently this appears to be a case of a brwal where both the parties scuffled and injured each other. The opposite party has already been granted bail. No extraordinary circumstance has been pointed out by the learned counsel for the complainant as may constitute an impediment in the way of granting bail to the petitioners who are accused of offence not falling within the prohibitory clause. In any event the present being a cross-case it is a matter of further inquiry as to which of the parties was an aggressor.

Consequently, I allow this application and admit the petitioners to bail subject to their furnishing of bail bonds in the sum of Rs,50,000 each with one surety each in the like amount to the satisfaction of the learned trial Court/Ilaqa Magistrate.