' The petitioners are accused of offences under section 440/152/320/ 307/353/341/188/148/149, P.P.C. vide F.I.R. No,165 of 1990 dated 15-8-1990, registered at Police Station Garh Maharaja, District Jhang.
2. According to the F.I.R., in brief, the petitioners were part of an unlawful assembly belonging to a Shia Community and that instead of dispersing by complying with the order of the Resident Magistrate, it is alleged in general, that the present petitioners, alongwith 49 other persons, started firing, and as a result of firing one person namely, Mukhtar, had died and one Liaqat Hussain, had sustained injuries.
3. The learned counsel for the petitioners contended for their bail and submitted that the case is false and a result of sectarian enmity and as a result of the same occurrence a case is registered against the members of the opposing sect i.e. Anjuman Sipah-e-Sahaba, vide F.I.R. No,167 of 1990, and that, therefore, it has yet to be determined as to which party was aggressor. Further submitted that the present petitioners are not accused of any specific role nor of having caused any specific injury to any one. Further submitted that no recoveries were effected from the petitioners and that they are no longer required by the police and that they have been in the judicial lock up for almost 16 months. Further submitted that the petitioners are neither previous convicts nor hardened criminal.
4. The learned counsel for the State opposed the present bail petition but reluctantly conceded that all the contentions raised on behalf of the petitioners are duly borne out from the record.
5. Therefore, in view of what has been stated above, without commenting on the merits of the case, the petitioners are hereby admitted to bail in sum of Rs,25,000 each with two sureties each in the like amount to the satisfaction of the Assistant Commissioner/Duty Magistrate, Shorkot, District Jhang.
6.Copy dati on usual charges.