' This is a petition for bail submitted by Muhammad Yunus, Muhammad Aslam and Muhammad Ayub petitioners who are involved in a case under section 302/307/34, P. P. C. Arising out of F. I. R.
No, 175, dated 26th June, 1983 of Police Station Chak Jhumra, district Faisalabad.
2. It is alleged that earlier on 24th April, 1983 Muhammad Aslam and Muhammad Younus petitioners and their lather Nazeer Ahmad caused injuries to Ghulam Qadir and his son Zulfiqar for which a case under section 307/325/34, P. P. C. Was registered against them at Police Station Chak Jhumra vide F.
1. R. No, 97, dated 25th April, 1983. In that occurrence, right leg of Ghulam Qadir, father of Farooq Hussain complainant was tractured. On 26th June, 1983 at about 4-30 p. m., Zahid Ali, maternal- grandson of Nazeer Ahmad aforesaid passed in front of the shop of Safdar cobbler situate at Burj Mandi where the complainant, his father Ghulam Qadir and his grandfather Muhammad Hayat were also present. Zahid Ali passed taunting remarks about the fracture of the leg of Ghulam Qadir which resulted into the exchange of hot words between the complainant and Zahid Ali. The complainant dealt a dang blow to Zahid Ali on his head. Mst. Asghari/Sarwari daughter of Nazeer Ahmad also reached there. She too was injured by the complainant. After receiving injuries Zahid Ali. And Mst. Asghari/ Sarwari left for their house. Soon thereafter Zahid Ali armed with gun accompanied by Muhammmad Yunus petitioner also armed with gun, Aslain petitioner armed with barchha and Ayub petitioner armed with sota came to the spot. Zahid Ali fired at the complainant with his gun. The shot thus fired hit Muhammad Hayat, the grandfather of the complainant who died of the injuries thus sustained. Thereafter Zahid Ali and his companions i,e, the petitioners ran back to their houses.
3. No injury to the deceased or to any of the P. Ws. Is attributed to the petitioners. The police, as a result of investigation, have found that the petitioners were not present at the time of occurrence.
The deceased Muhammad Hayat died as a result of the shot fired at him by Zahid Ali alone'. The petitioners have thus been declared to be innocent and their names have been placed in column No, 2 of the challan. Besides the injuries caused by blunt weapon to Zahid Ali and Mst. Asghari/ Sarwari, two injuries including a grievous one have been noticed on the person of Mst.
Asgliari/Sarwari which have been caused by a sharp-edged weapon. There is no explanation with regard to these injuries in the F. I. R.
4. In view of the above circumstances, the case against the petitioners' is that of further enquiry.
5. The learned State counsel has argued that since two petitioners and their father were already involved in a case under section 307/325/34, P. P. C., it would not be advisable to release them on bail in the present case. This argument is fantastic and fallacious on the face of it. For the purposes of the present petition, we have to see as to what role has been attributed to the petitioners in this case.
6. For. The foregoing reasons, the petitioners are admitted to bail in the sum of Rs, 30,000 (Thirty thousand) each with one surety each in the like amount to the satisfaction of A. C., Faisalabad.