1. ' This is a petition under section 497/498, Cr.P.C. By Liaquat Ali and Hakam Ali, petitioners, for bail in respect of a case instituted against them and three others under section 302/307/148/149, P.P.C. At Police Station Sattiana, District Faisalabad on 12th November, 1983.
2. The prosecution case in brief is that there was a dispute between one Sanaullah Khan on one hand, and Muhammad Amin co-accused in the present case, on the other, over possession relating to three Marlas of and. It is alleged that Muhammad Amin co-accused, took possession of le said piece of land six months back, forcing Sanaullah Khan to file a vii suit against him. On the day of occurrence, the Local Commissioner )pointed by the civil Court inspected the spot and recorded the statements the parties. Riaz Ahmad, deceased, who was Lambardar in the area, it of respect for the Local Commissioner, invited him to his Dera to save a cup of tea. He however was not a party to the dispute. It is leged in the F.I.R. That the accused party, taking this as an insult, unched an attack on Riaz Ahmad Lambardar, deceased not only causing is death, but injuries to Mahboob Alam, complainant, Saeed Riaz, ikarullah, Muhammad Ramzan and Faryad Hussain P.Ws.
2. ' I have heard the arguments of the learned counsel for the petitioners ld the State and have also perused the record. It appears that Riaz hmad, deceased Lambardar, lived opposite to the house of Muhammad ;a, co-accused. Though it is alleged that the accused party launched a urderous assault on the deceased with the common object of murdering but the inference that some sudden quarrel initially erupted beween iaz Ahmad deceased Lambardar, and Muhammad Isa, co- accused, which to a sudden fight between the parties, cannot be ruled out, as akam Ali, petitioner, and Muhammad Isa and Muhammad Amin co-accused aver amongst them thirty injuries on their person, as against Riaz Ahmad, deceased, Lambardar and the five prosecution witnesses, who have amongst sixteen injuries. There is no past enmity between the accused party and the complainant party, which would have motivated the accused party ) get together with a common object of murdering the deceased or ssaulting any of the members of the complainant party.
3. Taking all circumstances into consideration, the question whether a sudden fight erupted between the parties, is a matter which calls for further inquiry. Liaqat Ali and Hakam Ali, petitioners, are not alleged to have inflicted any )juries to Riaz Ahmad, deceased. They appear to have injured Mahboob lam, complainant, Saeed Riaz and Zikarullah P.Ws. Alone. In these ircumstances, the peitioners are entitled to be released on bail.
4. For the foregoing reasons, this petition is accepted and Liaqat Ali nd Hakam Ali petitioners, are released on bail, subject to the furnishing ecurity in the sum Rupees thirty housand (Rs, 30,000 each with two ureties each in the like amount to the satisfaction of the Assistant ommissioner, Faisalabad.
5. Copy dasti on payment of usual charges..