1. This is an application for bail in a case registered under sections 307, 427, 148 and 149. P.P.C. At Police Station Nipiar. The case of prosecution is that complainant Noor Muhammad Baloch is owner of Bismillah Restaurant, Shidee village Road. Karachi. On 31st January, 1986, he came at about 3 O'clock in the night at the shop of Bhai Jan Studio near Soofi Chowk in his car for getting some pictures. He parked his car out side and went in side the shop. In the meanwhile 4/5 persons came in the car and asked him to remove the car from there to which he replied that his car has parked on one side. On this they got annoyed and started abusing to complainant. While they were talking one person came on motor cycle and all accused attacked on complainant with revolver, knife and iron bars complainant identified applicants Abdul Kadir and Javid. It is alleged that Abdul Kadir had revolver in his hand while Javid was armed with knife and others were with iron bars.
2. Abdul Kadir fired several shots at complainant while Javid caused knife injuries and other accused gave blows on his face with iron bars. Complainant went and lodged report at police station on the same night at 5-15 hours.
3. Mr. Kh. Naveed Ahmed learned counsel for the applicant contended that fight was sudden one and applicants had no intention to commit murder. He has submitted that there is no background of previous enmity with applicants. Lastly he submitted that he does not press the bail application of Abdul Kadir but requests that case of Javid is distinguishable he may be granted bail.
4. Mr. Muhammad Ibrahim Memon learned A.A.-G. For the State has opposed the bail and submitted that applicants duly armed with deadly weapons attacked on the complainant and caused him injuries.
5. The names of both the applicants are given in the F.I.R. Which was lodges without any loss of time.
6. The allegation is that applicant Abdul Kadir was armed with revolver and caused injuries to complainant. This version gets support from the medical evidence as injury No.3 has been caused by fire-arm. The allegation against Javid is that he caused injuries to complainant with knife. The medical certificate shows that injury No.1 was caused with sharp-edged weapon. The applicants are also vicariously liable for the alleged offence and there is direct evidence of causing fire-arm and knife injuries. The injured also sustained injuries Nos. 2 and 4 by blunt and hard substance. The intention is gathered from the Circumstances. There are no reasonable grounds to believe that applicants are not guilty for the offence punishable with imprisonment for life. Hence this application is dismissed.