This is an application for grant of bail to Muhammad Zaman, Muzaffar and Ishrat in a case under section 302/324, Qisas Diyat Ordinance, 1990, read with section 148/149, P.P.C. Registered at Police Station Khanqah Dogran, vide F.I.R. No.37 dated 21-1-1991.
2. The prosecution case is that the petitioner and sic others duly armed, in furtherance of their common object launched murderous assault on Nazra and Ziaullah and thereby caused the death of Nazra and injures to Ziaullah P.W. As far the petitioners it has been alleged that they were armed with rifle and fired ineffective shots.
3. Learned counsel for the petitioners submits that the petitioners did not cause any injury to the deceased or P.Ws.; that there were two injuries, one to the deceased and the other to the P.W. And for these two injuries about nine persons have been involved by the prosecution. On the other hand, the learned counsel for the State has opposed this application on the ground that the petitioners armed with rifles, had accompanied the co-accused to the spot and are vicariously liable for the murder of Nazra and injury to Ziaullah and that the rifles have been recovered from the petitioner.
4. I have considered the submissions made by the learned counsel for the parties with care. I find that the petitioners did not cause any injury to the deceased or P.Ws.; that the allegations against them are of ineffective firing; that there were two injuries one on the person of the deceased and the other on the person of Ziaullah P.W, but the prosecution has involved as many as nine persons.
The injury of deceased has been attributed to Azmat Ullah and injury of Ziaullah to Khizar Hayat co- accused and that the investigation reveals that there was cross-firing at the time of occurrence.
5. Without making any expression of opinion, lest it may prejudice the merits of the case, I feel that the case for grant of bail has been made out, so they will be released on bail in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Sheikhupura.