This is a petition under section 497/498, Cr. P. C. By Raja and two others, petitioners Nos. 1 to 3, for bail in respect of a case instituted against them and ten others under section 302/307/148/149/452/440, P. Y. C. At Police Station Dinga on 23rd August, 1980.
2. Briefly the prosecution case is That Raja, Waris and Adalat Khan, petitioners Nos. 1 to 3, with Nazar Muhammad and Abdul Khaliq co-accused, armed with sofas, Aslam son of Muhammad Khan, Adalat Khan, Muhammad Khan and Rehmat Khan sons of Karam Elahi co-accused, armed with hatchets, Aslam son of Fateh Muhammad and Pervez co-accused armed with guns, Muhammad Ashraf co-accused, armed with revolver, and Muhammad Aslam son of Shah Muhammad co- accused, armed with rifle, with the common object of committing serious offences came to the house of Mushtaq P. W. Before entering the house of Mushtaq P. W. Aslam son of Fateh Muhammad, Pervez, Muhammad Ashraf son of Raja and Muhammad Aslam son of Shah Muhammad co- accused started firing in the direction of the house of Mushtaq P. W. Shan Ali son of Mehdi complainant, who was standing outside, was hit by a pellet shot on the bead. Mushtaq and Mehdi complainant immediately rushed into the house and locked themselves in. The three petitioners and the co-accused then climbed on to the roof of the house. In the meantime, they saw Salamat Khan deceased coming from a distance. They all then came down raising lalkaras that he should be dealt with. After coming near the deceased. Aslam son of Fateh Muhammad, Pervez, Muhammad Ashraf son of Raja and Muhammad Aslam co-accused fired at Salamat Khan deceased injuring him and thus causing his death.
3. The learned counsel for the petitioners submits that too many people have been falsely named in the F. I. R. Whereas they were not present. Learned counsel further submits that the three petitioners, who are alleged to be armed with dangs, are not attributed any overt act in the F. I. R.
And in these circumstances they are entitled to be admitted to bail.
4. The learned counsel for the complainant and the State, who strongly opposed the petition, submitted that according to the motive, as set up in the F. I. R. Raja petitioner No. 1 was given a beating by Salamat Khan deceased and Mushtaq P. W. 10/15 days before the Occur--rence over the turn of water and that therefore. Raja petitioner had the motive to join the rest of the co- accused in making the murderous assault on Salamat Khan deceased. Learned counsel also submits that Raja, Waris and Adalat, the three petitioners, also raised lalkaras at both the stages before their co-accused fired at Shan Ali injured P. W. And Salamat Khan deceased and that they had the common intention to cause the offence, as has been found during investigation.
5. I have given my anxious consideration to this case. It cannot be denied that Aslam son of Fateh Muhammad who was alleged to be termed with gun and to have fired at Shan Ali injured P. W. And at Salamat Khan deceased was found innocent during the special investi--gation conducted by the D. S. P., Gujrat, after the challan had beets filed and that his name was transferred from column No. 3 to column No. 2. This prima, facie shows that the names of one or more persons have been falsely involved in the F. I. R. As it is the names of a large number of persons have been mentioned in the F. I. R. As privy to the offence. Raja, Petitioner No. 1, is seventy years old and it is yet to be seen from the evidence whether he would participate, considering that his two sons are also involved as active participants. Since no overt act is attributed to the three petitioners, who are alleged to have been armed with dangs, the question whether the said petitioners were members of the assailant group and, if so, in what capacity and whether they were actively united in the common intention of the said group, are matters which call for further inquiry. In these circumstances, the petitioners have made out a case for bail.
6. For the foregoing reasons, Raja Waris and Adalat, petitioners Nos. 1 to 3, are admitted to bail in the sum of Rupees twenty B thousand (Rs. 20,000) each with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Kharian.