' SHAHID HAMEED DAR, J.---At the very outset, learned counsel for the petitioners submits that four of the petitioners Aftab Ahmad, Sajid Mahmood, Rafaqat Ali and Mukhtar Ahmad have not turned up and he has no information as to the reason qua their absence.
' Dismissed due to non-prosecution to the extent of said accused. The ad interim pre-arrest bail granted to them vide order dated 3-7-2013 is recalled.
2. The petitioners nine (9), in number, Bilal Ahmed Butt, Kashif Ahmad Butt, Muhammad Inayat Butt, Walayat Ahmad Butt, Ghulam Qadir, Khurram Shahzad, Fayyaz Ahmed, Muhammad Nawaz and SanaUllah, seek bail-before-arrest, as they apprehend their arrest at the hands of the police in respect of case-F.I.R. No,146/13, dated 6-6-2013, registered for offences under sections 324, 337-A(i), 148, 149 P.P.C., at police station Pahrianwali district Mandi Bahauddin.
' Ghulam Sarwar is the complainant of above said F.I.R. Who has nominated twenty-three (23) accused therein, all armed with firearms besides mentioning about five/six unknown persons to have participated in the occurrence; specific role of firing at Sohail Anwar and Usman Haider injured has been attributed to accused Abdal and Aftab Ahmad, while all others faced collective charge of firing at the said injured; the motive alleged pertained to a spy information, given by him and his nephew to the police against the accused.
' The MLR of Sohail Anwar injured reveals six (6) firearm entry wounds, the nature whereof is still under observation and medico-legalreport of Usman Haider injured revealed two firearm injuries, which too, have not been declared so far by the medical officer and third injury on his person, which is a blunt-weapon-wound, is Shajjah-e-Khafifah (337-A(i), P.P.C.).
3. Learned Deputy District Public Prosecutor on instructions submits that seven (7) of the nominated accused have been declared guilty by the investigating officer and they include, Aftab Ahmad, Muhammad Inayat son of Fazal Ahmad (petitioner), Walayat (petitioner), Sajid Mehmood, Rafaqat Ali, Muhammad Nawaz (petitioner) and Mukhtar Ahmad; six (6) accused, as per opinion of the investigating officer merely remained present being empty handed at the spot and they include Bilal Ahmed Butt (petitioner), Kashif Ahmed Butt (petitioner), Ghulam Qadir (petitioner), Fayyaz Ahmed (petitioner), Sana Ullah (petitioner) and Khurram Shahzad (petitioner); six (6) of the other accused namely, Aqib, Zafar Iqbal, Muhammad Inayat son of Allah Ditta, Sohail Babar, Nasir Ali and Faisal Nadeem have been declared innocent by the Investigating Officer.
4. After hearing learned counsel for the parties and perusing the record, it is observed that the story of F.I.R. Specifically burdens accused Abdal and Aftab Ahmad with the liability of causing firearm injuries to Sohail Anwar and Usman Haider, which factum is fully corroborated by the medico- legal-reports of the injured. Sulaiman Ali, the third injured is not named in the F.I.R. As a victim rather, factum of receipt of injuries by him, during the occurrence has been mentioned in the supplementary statement of the complainant, recorded by the investigating officer, the same day.
His MLR, however, reveals two blunt-weapon-injuries which are simple and trivial. According to the story of F.I.R., it was not less than a mob which committed the occurrence alleged. A number of accused have been declared innocent during the course of investigation and many others have been held guilty only to the extent of being present at the spot, empty-handed, without doing anything at all. The complainant has categorically alleged that his maternal nephew Sohail Anwar and Usman Haider, when they had already been deflated to the ground in injured condition by accused Abdal and Aftab, were fired at by all the accused, 26/27 in number and they caused injuries to both of them. The number of injuries as described in the said MLRs do not commensurate with the number of accused and in such an eventuality it cannot be commented upon at this stage, as to whose fire shot hit the injured and whose didn't. None of the petitioners in-attendance has been assigned any specific role qua the injured, hence, every probability exists to believe that they all may have been falsely involved in this case due to malice or ulterior motives of the complainant. The allegation against them is of generalized and collective nature which ingrains an element of suspicion qua their participation in the occurrence alleged. It is better to leave a hundred guilty persons instead of confining/punishing an innocent man. The petitioners case certainly calls for further probe into their guilt within the meaning of section 497(2), Cr.P.C., therefore, the argument of the learned Deputy District Public Prosecutor that they are required by the police for recovery of the crime weapons loses relevance, as per law laid down by the Hon'ble Supreme Court of Pakistan in Shahid Imran's case 2011 SCM R 1614 as well as by this court in case titled Muhammad Ashraf and Another v. The State (1982 PCr.LJ 1286). Therefore, I allow this application to the extent of the accused/petitioners-in-attendance Bilal Ahmed Butt, Kashif Ahmad Butt, Muhammad Inayat Butt, Walayat Ahmad Butt, Ghulam Qadir, Khurram Shahzad, Fayyaz Ahmed, Muhammad Nawaz and Sana-Ullah and confirm their ad interim pre-arrest bail granted to them vide order dated 3-7-2013 subject to furnishing fresh bail bonds in the sum of Rs,1,00,000 each with one surety each in the like amount to the satisfaction of learned trial court.