Gulzar Ahmad alias Gulzari petitioner along with 19 others is charged with the murder of Masood deceased and for murderously assaulting Khalid Mahmood alias Kaka, Muhammad Akram, Shahid Mahmood, Muhammad Rashid, Nadeem Akhtar, Shahid Shahnaz and Abdur Rauf with fire-arms on 23-5-1985 over an election enmity.
Initially he was challaned under sections 148, 307/149, P.P.C. And was admitted to bail but subsequently on his having been challaned under section 302, P.P.C. He was arrested. He applied for bail to the learned Sessions Court but his application was dismissed on 25-4-1987. Hence this application for bail.
2. Bail is mainly urged on the ground that in respect of the same occurrence a cross-case F. I. R. No. 74/85 stands registered against the complainant party under section 148/302/307/149, P.P.C. At the same Police Station on 23-5-1985 alleging that the complainant party in prosecution of their common object had attacked the petitioners party with fire-arms resulting in the death of three persons including Masood Ahmad deceased and injuries to 5 others. It is further contended that the petitioner has been involved for mala fide reasons on account of the malice which the D.S.P.
Bore against the petitioner's party for spoiling the case F.I.R. No.74 lodged by the petitioner's party in respect of triple murder including Masood Ahmad deceased. It is next contended that Khalid Mahmood alias Kaka accused in the case F.I.R. No.74 dated 23-5-1985 had been attributed fatal injury to Masood Ahmad deceased and taking into consideration the said circumstance the petitioner had been granted bail by this Court on 6-10-1986.
3. Mr. Justice (Rtd.) Mazhar-ul-Haq while granting bail to the petitioner on 6-10-1986 in the case under sections 148, 307/149, P. P. C. Had observed in para 3 of his order that "without prejudice to the case of either side, prima facie, it appears to be a case of free fight in which both the parties tested their strength against each other. In this view of the matter, ultimately, it may be a case of individual liability".
4. Admittedly, both the parties have been challaned in the cross-cases and the trials are yet to commence. The accused of the cross-case except Shahid Mahmood are on bail. As it is yet to be seen which party is guilty of aggression and to what extent each accused is liable, considering it to be a case of further inquiry, I admit the petitioner to bail in the sum of Rs.1,00,000 (One lac) with two sureties in the like amount to the satisfaction of A.C. Faisalabad.