' This is an application for grant of bail to Abdul Ghafoor, Muhammad Islam, Muhammad Sharif, Muhammad Iqbal, Ali Muhammad and Eisa Khan petitioners in a case under section 302/307/148/149, P.P.C. Registered at Police Station Sadar Rahimyar Khan vide F.I.R. No,140 of 1989.
2. The prosecution case is that the petitioners and 2 others variously armed, in furtherance of their common object, launched murderous assault on Sadaqat Ali and others and thereby caused the death of Sadaqat Ali and injuries to Abdul Rehman, Muhammad Saleem, Talib Hussain, Munawar Hussain and Liaqat Ali on 30-4-1989.
3. As for the petitioners it has been alleged that Eisa Khan was armed with gun and fired inecfeaive shot on Abdul Rehman P.W. And the rest of the petitioners caused simple injuries to the P.Ws. Abdul Ghafoor injured Abdul Rehman P.W.8, Muhammad Islam and Muhammad Sharif injured Liaqat Ali and Muhammad Saleem P.Ws., Ali Muhammad and Muhammad Iqbal also caused injuries to the P.Ws.
4. Learned counsel for the petitioners has not pressed the plea for bail of Eisa Khan petitioner, so the application to his extent is dismissed.
5. Learned counsel for the petitioners submits that there are cross-cases and the accused in both cases have been sent up for trial; that the petitioners other than Eisa Khan have caused simple injuries with blunt weapon to the P.Ws.; that Eisa Khan has been attributed ineffective shot and that five persons namely Muhammad Sharif, Muhammad Islam, Abdul Ghafoor, Ali Muhammad and Mst. Kubra, on the side of the petitioners had received 11 simple injuries with blunt weapon. Learned counsel for the State assisted by the learned counsel for the complainant has opposed this application on the ground that the petitioners are vicariously liable for the murder of Sadaqat Ali; that the case has been fixed for trial on 12-9-1989; that specific role of causing injuries to the P.Ws.
Has been attributed to the petitioners and that gun has been recovered from Eisa Khan petitioner.
6. I have considered the submissions made by the learned counsel for the parties with care. I feel persuaded to agree with the learned counsel for the petitioners. An examination of the record shows that the case has not been fixed for hearing so far and notice on the application for early hearing filed by the complainant has been issued to the petitioners for 12-9-1989. It appears that in the occurrence which took place at the eventful time, both sides received injuries. On the side of the complainant one person lost his life and 5 P.Ws. Received simple injuries with blunt weapon. On the side of the petitioners/accused 5 persons received simple injuries with blunt weapon. There are cross-cases and the complainant party has also been sent up to face trial. The petitioners other than Eisa Khan have not caused any injury to the deceased, They allegedly caused simple injuries to the P.Ws. And it is yet to be determined as to who was the aggressor.
' For what has been said above, the petitioners namely Abdul Ghafoor, Muhammad Islam, Muhammad Sharif, Muhammad Iqbal and Ali Muhammad are allowed bail in the sum of Rs,20,000 with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate, Rahimyar Khan.
They will appear before the learned trial Court on 12-9-1989.