The petitioners seek bail after arrest in case FIR No, 490 dated 18.11.2008 registered u/S. 324/337- F(i)/L(ii)/H(ii)/448/511/148/149 PPC at Police Station Sadar Burewala District Vehari.
2. Briefly, the allegations against the petitioners and their co-accused are that they while armed with deadly weapons came alongwith their cattle and started tying their cattle inside the wall of Mill. When the complainant stopped them from doing so, they started abusing him.
Muhammad Islam caused a fire which hit Irshad Ahmad at left side of his face. Second fire was caused by Muhammad Aslam at Muhammad Faiz who saved himself by lying on the ground.
Muhammad Ashraf caused fire shot at the complainant but the complainant saved himself' by moving behind the wall. Naeem and Jamal Din also caused fire shots. Thereafter, Muhammad Aslam and Naeem caught hold of Irshad Ahmad. Muhammad Aslam gave blow of rifle butt at right knee of Irshad Ahmad while Naeem inflicted pistol butt blow at left calf of Irshad Ahmad.
3. After hearing the learned counsel for the parties and perusing the record, it has been noticed by this Court that the petitioners were armed with fire-arms. The fire shot attributed to Muhammad Islam Petitioner No, 1 hit on the left side of face of Irshad Ahmad. The fire shot by Muhammad Naeem remained in-effective. A perusal of the medico legal report indicates that a skin deep rounded wound was noticed on the person of Irshad Ahmad which was Shujah-e-Khafifah creating a bailable offence. Muhammad Islam petitioner did not repeat the second fire. Similar is the case of Muhammad Naeem. Had both the petitioners been equipped with an intention to commit Qatal-e-Amd of PWs, there was hardly anything in their way to shot fire at them and caused their death. The question of the applicability of Section 324 PPC is a matter of further probe.
The petitioners were arrested in this case, sent to judicial lock up and at present, their person is no more required for the purpose of investigation. Offences under Sections 337-F(i)/L(ii)/H(ii)/448/511/ 148/149 PPC are bailable. In these circumstances, the petitioners have made out a case for the grant of bail. Though, the learned counsel for the complainant relies upon the cases of Muhammad Ali Khan alias Mamdal vs. The State and 2 others (2007 P.Cr.L.J. 217), Muhammad Sarwar and others vs. The State (1998 SD 32), Muhammad Nawaz vs. The State (NLR 1999 Criminal 9) and Muhammad Ramzan and others vs. The State (PLD 1996 Lahore 126), but I am afraid that the facts and circumstances of the stated precedents are distinguishable and not applicable to the present case.
4. Resultantly, this petition is allowed and the petitioners are admitted to bail subject to their furnishing bail bonds in the sum of Rs, 1,00,000/- (Rs, One lac only) each with one surety each in the like amount to the satisfaction of Illaqa/Duty Magistrate.