IJAZ NISAR, J.-- This is an application for the cancellation of bail of Muhammad Akram, Muhammad Ashraf sons of Murad Ali, Muhammad Akram son of Sher Muhammad and Javaid son of Rafiq- in a case under sections 307/336/365/34 P.P.C, and Article 14 of the Offences against Property (EOH)
Ordinance, 1979 granted to them by the learned Addl. Sessions Judge, Kasur on7.4.1990. It is alleged that the respondents carrying firearms and a hockey stick had attacked Javaid Ahmad petitioner on 20.2.1990 and assaulted him with a hockey stick. He was also fired at by Muhammad Ashraf respondent which instead of hitting him hit Muhammad Akram respondent. They are also alleged to have taken away licenced gun of the petitioner's father and brick-batted the petitioner and after causing him injuries took him to the hospital.
2. It is contended that in view of the seriousness of the allegations against the respondents they were not entitled to the privilege of pre-arrest bail.
3. The respondents have denied the allegations. It is stated that Murad Ali father of Muhammad Akram and Muhammad Ashraf has also filed a complaint against Javaid Ahmad petitioner and others under section 307/34 P.P.C.-and that they have been summoned to face trial and nonbailable warrants of arrest have been issues against them. It is stated that Muhammad Akramrespondent was fired at by Javaid Ahmad petitioner. Although the respondents were alleged to be carrying firearms but no firearm injury was found on the person of Javaid Ahmad petitioner.
He is stated to have received blunt injuries on his person. None of it has been declared to be grievous. On the other hand Muhammad Akram sbn of Murad Ali had received firearms injuries.
With the filing of the complaint gainst the petitioner and others and their having been summoned to face trial under section 307 P.P.C it has become a case of two versions. In this view of the matter the learned Addl. Sessions Judge had rightly exercised his discretion in admitting them to bail and I do not feel inclined to interfere with his order Und dismiss the application.