'CH. IFTIKHAR HUSSAIN, J.---Petitioners Muhammad Naeem and Muhammad Bilal son of Waris through the instant petition have sought for bail after arrest in offence under sections 324, 337-A(i), 337-F(i), 33y-F(iii) and 337- F(v), P.P.C., in the cross-version of case F. I. R . No, 109 registered with Police Station Sattrah, District Sialkot on 4-4-2008.
2. The facts of the case stand mentioned in the order dated 18-6-2009, recorded by his lordship Syed Ali Hassan Rizvi, Judge, as then he was, in similar petition of their co-accused Muhammad Mojbeeb-ur-Rehman, I, therefore, don't repeat the same.
3. It has been argued on their behalf that they have falsely been road in; that in fact the complainant Muhammad Ishfaque along with others on the same date and time while armed with lethal weapons trespassed into their house and committed the murder of Mst: Haidran Bibi, who was the mother of petitioner No,1 Muhammad Naeem and maternal grand mother of petitioner No,2 and the present complaint is a counterblast to the same; that their case was registered prior to the said complaint; that it is a case of two versions and so it is yet to be determined that which party was aggressor and who was aggressed upon and so their case requires further inquiry into their guilt; that one of their co-accused namely Muhammad Mojeeb-ur-Rehman has been allowed bail by his lordship Syed Ali Hassan Rizvi, Judge, as then he was, on 18-6-2009, and the case of Muhammad Naeem is quite identical to him; and that they are behind the bars since 21-3-2009 and so are not required for any further purpose of the investigation.
4. On the other hand, the learned Additional Prosecutor General has opposed the petition. He, however, has conceded that there is a cross-version from their side in respect of the occurrence mentioned in the complaint of Muhammad Ishfaque.
5. I have carefully considered the submissions made on behalf of the parties. Record perused.
6. The initial report regarding the occurrence was made by petitioner No,1 Muhammad Naeem by way of case F.I.R. No,109 of 2008 registered with Police Station Sattrah, District Sialkot. In the same he has alleged that complainant A Muhammad Ishfaque and others, while armed with lethal weapons, have trespassed into their house on 4-4-2008, at about 11-00 a.m. And murdered his mother Mst. Haidran Bibi. He has further mentioned therein that Muhammad Ishfaque (present complainant), while armed with .30-bore pistol has fired at his deceased mother hitting her on the left side of her neck and another similar shot hitting on the left cheek and she fell down and died instantaneously.
7. It is important to mention here that Mst. Haidran Bibi is shown to have been killed by the petitioners' side and so he (Muhammad Ashfaq) has got recorded the complaint regarding the same occurrence. It means there are two versions of the alleged incident. So, it is yet to be determined that who has initiated the aggression and who was aggressed upon. This question is to be determined at trial. Hence, the case of the petitioners certainly is one of further inquiry into their guilt and so is covered subsection (2) of section 497, Cr.PC. They are behind the bars and so are not required for any purpose of the investigation.
8. In this view of the matter I accept this petition and admit them to bail in the sum of Rs,1,00,000 each with one surety each in the like amount to the satisfaction of the learned trial Court.