This application for the grant of bail was moved by Manzoor Ahmad, against whom alongwith seven others a case under section 302/307/323/324/ 148/149, P.P.C. Stands registered with Police Station Sadar, Sheikhupura, One of the accused was granted bail by the trial Court while six other accuse-- were granted bail by this Court vide order, dated 24-7-1990 passed in Criminal Miscellaneous No.2831/B of 1990.
2. Manzoor Ahmad petitioner was not one of the petitioners in the said bail petition. The only distinction between the case of the petitioner and his co-accused, who had moved the earlier bail petition, is that the fatal injury caused to the deceased has been attributed to the petitioner.
Despite this distinction, the observation that the questions as to what was the cause, whether out of the two it was the complainant party or the accused party, which was the aggrieved party and as such would have launched the assault, also apply to the case of the petitioner. Moreover the observation that as per the F.I.R. Itself the matter flared up suddenly without any premeditation or preconcert, equally applies to the case of the petitioner. It is also pertinent to note here that in the order granting bail it was observed that there are two versions of the occurrence and that though the version of the accused party was pressed from the very beginning but the same had not been gone into by the police and the impression gained is that the investigation in the case is not fair if not partial.
3. The other development since after the decision of the aforesaid petition is that on a complaint filed by the accused party the complainant party has been summoned by the Magistrate. The accused in the complaint i.e. The complainant party have been granted bail. Learned counsel for the complainant argued that though according to the medico-legal report of Mst. Munira, the mother of the petitioner, five gun shot injuries were found on her person but the said injuries were received by her in some other transaction and not in the incident, subject-matter of the present F.I.R. Learned State counsel, who had the police record with him, was not able to point out any such opinion from the police record in support of the aforenoted assertion of the learned counsel for the complainant. On the other hand reference to the medico-legal reports of Mst. Munira and those of the complainant party would show that Mst. Munira was examined by the doctor before the examination of the injured oft he complainant party.
4. I have considered the respective submissions of the learned counsel fur the parties. As per the F.I.R. Itself, it is apparent from the F.I.R. Itself that the incident flared up suddenly without any premeditation or preconcert. There are two versions of the occurrence. The mother of the petitioner received five" gun shot injuries in the abdomen. The question whether the said injuries were not received during the incident, subject-matter of the present F.I.R. Has yet to be shown. The questions as to what was the cause of the incident and out of the two parties which one was the aggrieved party and which had launched the I assault also require to be gone into. The injuries found on the person of Mst.! Munira as well as other members of the accused party were also suppressed as further enquiry and as such the petitioner is entitled to the concession of bail. The petition is, therefore, allowed. The petitioner shall be released on his furnishing bail bond in the sum of Rs.30,000 (Rupees thirty thousand) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Saddar, Sheikhupura.