This is an application for bail on behalf of Muhammad Yousaf and Muhammad Aslam petitioners in a case under section 302/307/148(149; P. P. C. Registered at P. S. Mittro, District Vehari, vide F. I. R. No. 121 dated 23rd July, 1982.
2. The prosecution case is that the petitioners and 7 others, all armed with dangs in furtherance of their common object launched murderous assault upon Ajayab Khan. Muhammad Anar, Muhammad Khan and Muhammad Hayat and thereby caused the death of Ajayab Khan and injuries to others. As far the motive, it has been stated that since 4 days prior to the occurrence Ajayab Khan deceased and Muhammad Khan injured P. W. Had given beating to Muhammad Nazir co-accused of this murder case after rendering him naked, therefore, to avenge that insult, the accused have done away with Ajayab Khan and caused injuries to Muhammad Anar, Muhammad Khan and Muhammad Hayat P. Ws.
3. As far the petitioners it has been alleged that they were armed with dangs and inflicted one injury each on the head of Muhammad Anar P. W.
4. Learned counsel for the petitioners submits that do specific injury caused to the deceased has been attributed to the petitioners and the general allegation that when after receiving injuries by the co-accused, the deceased Muhammad Ajayab and P. W. Muhammad Anar fell down, they were given dang blows by all the accused, is of no significance because it does not indicate as to who was injured by whom; that since the deceased and others had given beating to Nazir co- accused, the common object of the assembly at the worst was to give beating to Muhammad Ajayab and others.
As against this, the learned counsel for the State assisted by the learned counsel for the complainant has vehemently opposed the plea for bail of the petitioners on the ground that there is a general allegation that all the accused caused injuries to Ajayab-Khan and Muhammad Anar when they were lying injured and that in the circumstances of the case, the pro--visions of section 149, P. P. C. Stand very much attracted against all the accused.
5. After having considered the arguments of the learned counsel for the parties, and going through the record available before me, I find that the injuries attributed to the petitioners found on the person of Muhammad Anar P. W. Have been declared simple; that most of the injuries foundon the person of the deceased have been specifically attributed to 5 co-ccused namely Muhammad Bashir, Khan Muhammad, Ahmad Khan, Fazal Elahi and Muhammad Nazir but no specific injury found on the person of the deceased has been attributed to the petitioners. Further--more, the general allegation that all the accused had injured the deceased and Muhammad Anar P. W. When they were lying on the ground after having received injuries specifically attributed to 5 accused mentioned above, is prima facie of no significance because it does not indicate that out of two persons i. e. The deceased and Muhammad Anar who had been injured by whom and lastly, the doctor has not declared the injuries collectively or individually sufficient to cause death in the ordinary course of nature.
6. For what has been found above, I am of the opinion that as far the petitioners, the matter requires further enquiry within the meanings of section 497 (2), Cr. P. C. They are, therefore, allowed bail in the sum of Rs. 20,000 with one surety each in the like amount to the satisfaction of A. C./Duty Magistrate, Mailsi.