1. JAVID IQBAL J.--In this petition leave is being sought against order dated 4th May 1987 passed by learned Single Judge of the Lahore High Court Lahore whereby bail allowed to the petitioners was cancelled.
2. Briefly the background is that a case had been registered against the petitioners under section 307/325/34, PPC on 5th November 1986 by Mushtaq Ahmad. The allegation against them was that both armed with Sotas had belabored Liaqat and his son Sharafat. According to the medical evidence Liaqat had received 9 injuries at their hands out of which two were grievous because his right leg was fractured at two places. Sharafat on the other hand had received two simple injuries.
3. Liaqat was carrying a gun which he did not use and even that was stolen by the petitioners during the occurrence. The Magistrate at Okara had allowed bail to the petitioners for the reason that the injuries were on non-vital parts of the body and because Liaqat did not use his gun, therefore the prosecution story was doubtful. The learned Single Judge after going through the record arrived at the conclusion that there were reasonable grounds to believe that the petitioners were involved in the commission of offence because at the time of the attack they were accompanied by two more persons who were armed with guns and that it was due to this reason that Liaqat could not use his own gun and that the Magistrate had not exercised his discretion properly in the case.
4. We have heard learned counsel who has attempted to argue that the offence of the. Petitioners would fall neither under section 307 nor 326 PPC but would at the most fall under section 325 PPC and therefore they were entitled to be released on bail. We have', carefully considered this argument of the learned counsel but in our view it is not a fit case for interference in the proper exercise of the discretion of the learned Single Judge of the Lahore High Court Lahore.