' Makhdoom Ali Shah and Muhammad Nawaz alongwith 12 others stand charged for the murder of Riasat Ali deceased and for murderously assaulting Liaqat, Riaz, Arshad, Mansab, Fatch Bibi, Walayat Bibi and Rani P.Ws. On 3-4-1988 with sticks.
2. The prosecution case is that Manzoor Hussain Shah accused owed Rs,2,000 to Allah Ditta complainant. Two days before the occurrence the complainant had gone to the house of Manzoor Hussain for their return. Hot words were exchanged between them and Manzoor Hussain Shah had threatened the complainant.
3. It is alleged that on 3-4-1988 at about 6 p.m. Allah Ditta complainant, Riasat All deceased, Liaqat Ali, Riaz, Arshad Ali, Mansab Ali, Fateh Bibi, Wilayat Bibi and Mst. Rani were present in the house of Allah Ditta complainant. All of a sudden, Saqlain Shah armed with revolver, Baqir Ali armed with gun, Manzoor, Imdad Hussain, Shahbaz Akbar, Amjad Ali, Mujahad Ali, Sajjad Haider, Muhammad Nawaz, Yaqoob Ali Shah, Amir All Shah, Rustam Ali, Makhdoom Ali and Shakir Ali armed with Dangs came there and launched an attack on them. Manzoor Hussain gave stick blow on the head of Riasat All who fell down. Makhdoom Ali and Nawaz Ali accused also gave stick blows to Riasat deceased. Thereafter, Imdad Hussain, Shahbaz Akbar accused gave stick blows to Liaqat Ali P.W.
After this, Amjad Ali and Mujahid Ali accused inflicted injuries to Riaz with sticks. Sajjad Haider and Yaqoob Ali accused gave injuries to Arshad Ali. With their respective weapons. Rustam All accused injured Mansab Ali P.W. And Amir All Shah, and taniad Ali .Shah accused gave injuries to Mst. .W Fateh Bibi P. Shakir Ali and Yaqoob Ali accused injured Walayat Bibi whereas Shahbaz Akbar and Amir Ali accused gave injuries on the person of Mst. Rani P.W. It is alleged that Baqir All and Sagalain Shah accused in order to frighten the witnesses fired 8/10 shots.
4. Bail is urged on the ground that the complainant party has suppressed the material facts, that there is no explanation at all of the injuries suffered by four of the accused persons and that it is a case of counter-versions. Furthermore, four of the accused namely, Shahbaz, Yaqoob, Amir Ali and Baqir Ali were found innocent. Amjad Ali, Sajjad, Mujahid Ali, Rustam Ali Shah, Shakir Ali Shah and Saqlain co-accused are said to be on bail. It is stated that Manzoor Hussain Shah to whom fatal injury to the deceased has been attributed has not applied for bail. Both the petitioners had received injuries during the occurrence which have not been explained by the prosecution. Being on vital part the injuries could not be self-suffered. No motive is attributed to the petitioners. Only simple injuries to the deceased are attributed to them. It is further contended that it is a case of free fight.
5. According to the D.S.P the motive set up by the prosecution was false and the fight had taken place in the ground during play and later in the house of Allah Ditta.
7. Since the fatal injuries are not attributed to the petitioners and they themselves had been injured in the occurrence and their injuries do not stand explained, I admit them to bail in the sum of Rs,30,000 (Rupees thirty thousand) ' with two sureties each in the like amount to the satisfaction of A.C. Sheikhupura.