' Ghulam Ali and Mahbub Ali petitioners have moved this for bail in a case registered against them and others under 148, 302 and 307/149, P.P.C.
2. The prosecution version is that on the night between 28/ May, 1984, Ghulam All petitioner armed with a gun, Mahbub All petiti armed with a Sota, their co-accused armed with a knife, gun and S attacked and injured Ahmad deceased and Saee P.W. Co-accused At gave a knife blow to Ahmad deceased and the remaining accused ca him injuries with Sotas and Butts of guns. They also caused injt to Saee P.W. Then all the accused dragged Ahmad and Saee to Dera of Ahmad accused where Riaz and Manzur fractured both the of Ahmad. Co-accused Bati and Mahbub All petitioner took Saee I into their hold and the accused armed with Sotas caused him injut Muhammad Yar, and Ghulam Ali petitioner started firing in the air after the occurrence all the accused fled away from the spot. At succumbed to his injuries in the Haveli of co-accused Ahmad.
' This petition was admitted to hearing to consider the contention raised by the learned counsel that the petitioners were found innocent during the investigation and their case was at par with that of co-accused Bati who had already been admitted to bail by this Court. This ground was also taken in the petition. Perusal of the file, however, shows that only co-accused Bati was declared innocent and all the remaining accused including the present two petitioners have been challaned.
3. The learned counsel for the petitioners contends that no specific overt act has been attributed to Ghulam All petitioner and the only part assigned to Mahbub All petitioner is that he caught hold of Saee The P.W., therefore, they are entitled to the concession of bail. The contention is misconceived.
In the F.I.R. It is clearly stated that all the accused caused injuries to Ahmad and Saee with Sotas and Butts o guns and then dragged them to the Dera of Ahmad accused where Ahmad succumbed to his injuries. The dead body of Ahmad was found lying in the Haveli of co-accused Ahmad. In the circumstances, I do not consider it a fit case for the grant of bail. The petition is dismissed.