Petitioners Shahamand, Allah Wadhaya, Shah Baig, Muhammad Ali, Mazhar Iqbal and Sarwar seek their pre-arrest bail in case FIR No, 421/2008 dated 1.8.2008 under Sections 337-A(ii), 337-F(i), 337- H2, 354, 430, 148, 149 PPC registered at Police Station Noor Shah District Sahiwal.
2. Precisely the allegations against the petitioners are that they assaulted upon the complainant party as a result of which Mst. Jannat Bibi received a head injury by Sarwar petitioner with the hatchet and Shah Baig petitioner gave Sota blow to Mairaj Bibi hitting her elbow, Mst. Shehnaz Bibi was injured by Muhammad Ali petitioner with the hatchet and Mazher Iqbal petitioner also gave a Sota blow which hit on the left arm of Mst. Kubra Bibi.
3. Learned counsel for the petitioners at the very outset does not want to press this application to the extent of Shah Baig Muhammad Ali, Mazhar Iqbal and Sarwar, therefore, this application to their extent is dismissed as not pressed.
4. With regard to Shahamand and Allah Wadhaya petitioners it is submitted that only allegation against the said two petitioners is that of aerial firing; that they have been falsely implicated merely on account of their presence, as their presence is certainly admitted in cross-version furnished by the petitioners as well.
5. On the other hand, learned DPG assisted by learned counsel for the complainant contends that motive is attributed to Shahamand petitioner and Allah Wadhaya petitioner is also somewhere connected with the motive part.
6. I have considered the arguments of the learned counsel for the parties.
7. Certainly, keeping in view the prosecution version and the cross-version petitioners Shahamand and Allah Wadhaya were present at the spot but the only role attributed to them is that of aerial firing. It will be seen by the learned trial Court after recording evidence as to whether they actually made aerial firing and, if so, what is its effect, therefore, to their extent this application is allowed and pre-arrest bail already granted to Shahamand and Allah Wadhaya petitioners vide order dated 24.10.2008 is hereby confirmed subject to their furnishing fresh bail bonds in the sum of Rs, 1,00,000/- (Rupees one lac only) each with one surety each in the like amount to the satisfaction of learned trial Court.