1. Abbas Khan, Yaqub Khan, Bashir, Shabbir, Idrees and Saleem had applied for pre-arrest bail as a case under section 307/324/148/149/336, P.P.C. Was registered against them at Police Station Kot Naina, Tehsil Shakargarh, District Sialkot.
2. Shabbir and Idrees were allowed ad interim pre-arrest bail by my order, dated 11-3-1987. Bail application of Abbas Khan, Yaqub Khan, Bashir and Saleem was dismissed in limine.
3. Today it is to be decided whether interim bail allowed to Shabbir and Idrees is to be confirmed or not.
4. Learned counsel for the petitioners submitted that both of them were empty-handed. The part attributed to them in the F.I.R. Is that they picked up the revolver and rifle of Muhammad Ashraf Khan when he fell on the ground on being hit by Abbas Khan. Learned counsel further submitted that no overt act is attributed to them.
5. Learned counsel appearing on behalf of the State opposed the bail on the ground that the occurrence was admitted by the accused party. It is a genuine case. There is no mala fide on the part of the prosecution. The two petitioners were present at the time of occurrence. They were members of unlawful assembly.
6. Admittedly, no overt act is attributed to them. They were also empty-handed. The interim bail is accordingly confirmed. However, they are directed to join the investigation when required by the police.