MALIK MOHAMMAD QAYYUM, J.-- his is an application by Bashir Ahmad and Ashiq the two petitioners for grant of bail in a case registered against them under sections 302/148/149 PPC at Police Station Manga Mandi Lahore vide F.I.R. No.199/89 dated 15th August, 1989 on the statement of Manzoor Ahmad son of Sher Muhammad for having committed the murder of Maqbool Ahmad a nephew of the complainant. The petitioners applied for the grant of bail before the Special Court constituted under the Suppression of Terrorist Activities (Special Courts) Act 1975 but their application was rejected on the ground that they have been named in the FIR and specific role has been attributed to each of them.
2. It is contended by the learned counsel for the petitioners that they have been involved in this case malafide and the allegations against them are false. The learned counsel has placed reliance upon Muhammad Anwar Khan and 2 others vs. The State (1988 P.Cr.L.J 304), Noor Akbar vs. The State (1988 P.Cr.L.J 1305) Muhammad Sharif and others v. The State (1988 P.Cr.L.J 2450) and Sultan Ahmad etc. Vs. The State (1981 S.C.M.R. 771) to contend that as the fatal injury was not attributed to any of the two petitioners, they are entitled to bail. The learned counsel for the State has however, opposed the grant of bail.
3. According to the case of the prosecution as disclosed in the FIR,$ persons armed with deadly weapons had attacked the complainant party during the course of which Liaqat Ai fired upon Maqbool Ahmad hitting him on his neck who succumbed to this injury before he could reach the hospital. So far as the two petitioners are concerned Bashir Ahmad is alleged to be armed with revolver while Ashiq with a l2 bore gun. It was admitted by the learned counsel for the State as also the investigating officer that no empties were recovered from the spot which could show that petitioner No.1 who was armed with revolver had actively participated in the commission of the crime. Similarly though two persons namely Muhammad Ashiq, petitioner No.2, and Shaukat son of Bashir Ahmad are alleged to have been armed with l2 bore gun and had fired indiscriminately, only one empty was recovered. It is to be noticed that Bashir Ahmad petitioner, his two sons Liaqat and Shaukat and his son-in-law Liaqat have all been robed in. The fatal injury is not attributed to any one of them. The authorities relied upo by the learned counsel for the petitioner are fully attracted and lend support to the contention of the learned counsel that as only ineffective firing has been attributed to the petitioners, the bail cannot be with-held.
As a result of what has been stated above this petition is accepted and the petitioners are admitted to bail in the sum of Rs.1,00,000/- (one lac) each with two sureties each in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court.