This order shall dispose of Criminal Miscellaneous Petition No. 1062/B of 1972, preferred by Fazal Haq Khan, Haji Noor Elahi, Riasat Ali, Akhtar Saeed and Agha Muhammad Akram, Criminal Miscellaneous Petition No. 10/7/8 of 1972, preferred by Muhammad Din, Nawab Din, Muhammad Inayat and Muhammad Ali and Criminal Miscellaneous Petition 1091/B of 1972, preferred by Riasat Ali and Agha Muhammad Akram.
2. The prosecution case, which was originally registered under section 307 read with sections 149 and 14a of the Pakistan Penal Code, at the instance, of Abdur Rashid, General Secretary, Employees'
Union, 7-Up Factory, is that on the day of occurrence, i. e. on 9th June 1972, it was decided to hold a meeting by Muthidda Mahaz Gulberg Trade Union, Lahore, in a vacant plot outside 7-Up Factory at 3-30 p.m. At about 2-45 p.m., Muhammad Din, President of the Pocket Union, gave a threat to the General Secretary on the telephone that if any such meeting was held outside the premises of the Factory, the result would not be conducive. It is further stated that thereafter, the management of the Factory collected a number of persons including some Goondas of wnich information was given by the Chairman of Muthidda Mahaz Gulberg Trade Union to the Police on Tele- phone No, 5444. The police was awaited and no meeting was neld.
[VOL. V However, as the time of the meeting, was nearing, the labourers from various factories began to assemble at the place of the meeting., The police did not turn up till 5-30 p.m. All of a sudden, some persons, who were collected on the roof of the 7-Up Factory opened fire, as a result whereof, the labourers began to run in different directions, in order to escape being hurt. Some of the accused were armed with iron pipes they threw At the labourers. As a result, Imdad Hussain of the Cycle Industries, Ghulam Nabi, Munawar Ali, Muhammad Parvez and Nazir Ahmad Butt of 7-Up Factory, Muhammad Din, Nasir Ali, Yaya Khan, Sufi Nazar Muhammad, Bashir, Gulzar and some others were injured.
3. Sufi Nazar Muhammad died and as a consequence, the offence was changed into one under section 302 read with sections 149 and 148 of the Pakistan Penal Code.
4. Haji Noor Elahi and Akhtar Saeed petitioners were admitted to interim bail in Criminal Miscellaneous Petition No. 1062/B of 1972. Fazal Haq Khan was arrested before he could put in appearance in Court. His petition was dismissed and so was the petition of Riasat Ali and Agha Muhammad Akram, who did not appear. Fazal Haq Khan, I am told, has been admitted to bail by the learned Sessions Judge, Riasat Ali and Agha Muhammad Akram petitioners made another application viz. Criminal Miscellaneous Petition No. 109I/B of 1972, and were admitted to interim bail.
The petitioners in Criminal Miscellaneous Petition No. 1077/B of 1972, were also admitted to interim bail.
5. I have gone through the first information report with the help of Mr. Asghar Ali Bhatti, Assistant Advocate-General, I am told that the accused-petitioners have been joining the police investigation and the Investigating Officer has already recorded the statements of five witnesses.
6. It is conceded that no particular injury has been ascribed to any individual accused. It is not alleged in the case of any individual as to which injury was given by him and to whom, although there are general allegations that some people were firing from the roof and some standing on the ground were exhorting them. Thus the only allegation against the petitioners is that they were seen at the spot at the time of the occurrence. Such being the state of evidence, in my view, the petitioners are entitled to the grant of bail. As I have stated above, the petitioners are already on interim bail, which is hereby confirmed. .
K