' The four Criminal Miscellaneous Nos.1489-13/87 by Muhammad lbal and Muhammad Shoaib s/o Muhammad Ishaq, 1560-B/87 by uhammad Akram, Muhammad Zafar and Muhammad Ashraf, 1856-8/87 y Muhammad Iqbal and Muhammad Shoaib s/o Muhammad Ishaq and 366-8/87 by Muhammad Akram, Muhammad Zafar and Muhammad Ashroaf arise from case FIR No,158/87 under section 302/307/34 P.P.C. Registered at P.S. Model Town, Gujranwala, on 10-3-1987. Since the four applications arise from one and the same FIR, therefore, I propose to dispose of them through single order.
2. There was a firing between Muhammad lqbal, Muhammad Shoalb s/o Muhammad Ishaq and Muhammad Shoalb s/o Abdul Jabber (hereinafter to be referred as first party) on one side and Muhammad Akram alias Akku. Muhammad Zafar and Muhammad Aehraf (hereinafter to be referred as second party) on the other side near Khawaja Motors opposite the Office of Khalid Flying Coach, Oujranwale on 10-3-1987 at 11.30 a.m. As a result whereof Sarfraz Hussain, a passerby lost his life. Muhammad Iqbal of the first party and Muhammad Akram of the second party also received fire-arm injuries. The police registered one FAA, i.e, 458/87 under section 302/34 P.P.C. With regard to the entire incident,. After the investigation, the police prepared three challans: one under section 302/34 P.P.C. Against the first party and second party as well, the second challan was prepared under section 307/34 P.P.C. Against the first party and the third challan under section 307/34 P.P.C, was prepared against the second party. Hence these four applications for grant of bail to the petitioners.
3. Learned counsel for the petitioners submitted that there is no evidence of the murder of Sarfraz Hussain; that Syed Akhtar Hussain, father of the deceased has sworn affidavit to the effect that his son was hit by a stray bullet near Doan Plaza, Oujranwala and not in firing near Khawaja Motors opposite the Office of Khalid Flying Coach and that Muhammad lqbal as well as Muhammad Akram, the two injured accused petitioners have sworn affidavit to the effect that they have entered into compromise, Conversely, the learned counsel for the State has opposed this application on the grounds that since Sarfraz Hussain was injured daring 'the firing between first party and the second party, therefore; 'the members of both the parties are responsible for his murder and that the alleged offences fell within the Prohibitory clause of Section 497 Cr,P,C,
4. I have considered the submissions made by the learned counsel for the parties with care, So far as the murder of Sarfraz Hussain is concerned,; I find that there was only one injury on the person of the deceased for which 3 persons on the side of the first party and 3 persons on the side of the second party have been challaned that it is not known as to which of the party had caused that injury; that Muhammad Man, S,1, Noor Muhammad 5,1, and Akbar Ali, ASI, the eye-witnesses have also not named the accused who had fired shot hitting the deceased and as such, it is not known as to who out of the six accused had injured the deceased and that Syed Akhtar Hussain, father of the deceased has sworn affidavit to the effect that the deceased wee not injured in firing which took place near Khawaja Motors opposite the Office of Khalid Flying Coach, Gujranwala. As for offence under section 307/34 P.P.C., it is again not known as to who out of the first party had injured Muhammad Akram and who out of the second party had caused injury to Muhammad Iqbal accused/petitioner. Furthermore, Muhammad Iqbal injured accused of first party and Muhammad Akram injured accused of second party have sworn affidavits to the effect that the parties have arrived at a compromise. Since there is no evidence of the murder of Sarfraz Hussain and the parties have also arrived at a compromise, which is a valid ground for grant of bail, therefore, I am of the view that a case for grant of bail to both the parties has been made out.
' For what has been said above, the four applications are accepted and Muhammad Iqbal, Muhammad 8hoaib s/o Muhammad !Shag, Muhammad Akram alias Akku, Muhammad Zafar and Muhammad Ashraf petitioners are allowed bail in the sum of Rs,25,000 (Rupees Twenty-Five thousand) with one surety each in the like amount to the satisfaction of A.C, /Duty Magistrate, Gujranwala.