' This is an application for bail filed on behalf of the petitioners for their release in case F.I.R. No,183 of 1992, dated 28-6-1992 registered under section 324/148/149, P.P.C. At Police Station Lundianwala, District Faisalabad.
2. The brief facts of the case are that the complainant alongwith Muhammad Waris, Yousaf Noor, Akbar and Ghazanfar was sitting in his house at about 7-00 a.m. On 26-6-1992 when the petitioners alongwith seven others being armed with different fire-arms came outside of his house and started firing and also raised Lalkara to teach the lesson to the complainant and his companions.
The complainant and his companions closed their doors from inside but in the meantime Mst.
Ashraf Bibi, sister of the complainant came out to beseach the petitioners and others not to fire but she sustained two pellet injuries on her person.
3. The learned counsel for the petitioners contended that daring investigation the seven persons nominated in the F.I.R. Have already been declared innocent and have not been challaned which reflects adversely upon the implication of the petitioners as well. It is also argued that it is a case of indiscriminate firing, no specific injury has been attributed to any of the petitioners. He was of the view that a stray pellet hit the injured lady and, therefore, the case against the petitioners falls under subsection (2) of section 497, Cr.P.C.
4. The learned counsel for the State contended that the petitioners formed an unlawful assembly being armed with fire-arms and shared the common intention with each other while firing recklessly so they are not entitled to the concession of bail.
5. I have heard the learned counsel from both sides and after having gone through the record very minutely I am of the view that it is a case of further inquiry because no specific injury has been attributed to any of the petitioners and the case of the prosecution is of general firing from outside the house of the complainant when he had already closed their doors. Motive as alleged is a double-edged weapon and if there can be a reason to commit the murderous assault, there can also be a reason to falsely involve if there is a background of old enmity. It may be pointed out that no recovery of fire-arm weapon was effected from Ashraf and Ahmed All petitioners. Without going deep into the merits of the case I direct that the petitioners shall be enlarged on bail provided they furnish bail bonds in the sum of Rs,50,000 each with one surety each in the like amount to the satisfaction of the trial Court.