1. A case under section 302/364/307/148/149, P.P.C. Stands registered against the petitioners and some others with Police Station Toba Tek Singh vide F.I.R. Dated 10-9-1988. According to the allegation contained in the F.I.R. Is that one Mst. Shahnaz was abducted by Mansab for which a case was registered. In the said case Mst. Shahnaz and Mansab were sentenced to five years' R.I.
2. Each. About 2-1/2 years before the registration of case, the said Mst. Shahnaz was released from jail and-she started living with one Anwar brother of Mansab who was still in jail. Bahadur father of Mst.
3. Shahnaz demanded the return of her daughter but she was not returned. Therefore, the said Bahadur again got a case registered against few persons for her abduction and 10-9-1988 was the date of hearing of that abduction case. The first informant alongwith Hakam A.I and others were going back towards their village after attending the date of hearing. They boarded a bus. When the bus reached Toba-Gojra Road at about 4-30 p.m. The bus was stopped by a person sitting behind the driver seat. In the meanwhile a Wagon bearing No. 9285 came and parked in the middle of the road. From the said wagon the petitioners armed with Sotas alongwith their co-accused armed with different weapons emerged. The co-accused of the petitioners started indiscriminate firing. In the meanwhile the petitioners alongwith Khizar co---accused entered the bus. Petitioner No.1 Shaker is alleged to have given a Sota blow on the left arm of Anwar which was followed by Ata Muhammad petitioner No.2 who dealt a Sota blow on Mst. Khatoon. The first informant was also be laboured by Shakir petitioner. One Muhammad Sarwar died during the occurrence.
4. It is contended by learned counsel for the petitioners that the involvement of the petitioners on the face of it is doubtful. Submits that the petitioners are alleged to have been armed with Sotas and they caused injuries to the witnesses only. No overt act is attributed as far as the deceased is concerned. The petition has been opposed by learned counsel for the State and learned counsel for the complainant.
2. I have heard learned counsel and perused the record. The petitioners were armed with Sotas and they gave Sota blows to the witnesses after entering into the bus. I have not been able to understand how a person can give a Sota blow in a bus when the roof of it is very low. Even otherwise no overt act is attributed to them qua the deceased. In these circumstances, I feel that the case of the petitioners is of further inquiry. Therefore, they are allowed bail in the sum of Rs.30,000 each, with two sureties each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Toba Tek Singh.
5. N.H.Q./S-472/L