This is an application for grant of bail after arrest by the five petitioners with regard to a case registered on 1st March 1975 at 7-00 p. m. At police station Chakwal, under sections 307/148/ 149, P.
P. C. The allegations in the F. I. R. Were that a procession of Shias was attacked by the petitioners and others when it was passing in front of the mosque of Qazi Mazhar Hussain. Petitioner: No. I is alleged to have fired a shot at Shabbir Haider causing injuries to him, Dilawar Hussain and Bahadur Shah who were near Shabbir Haider. The other fire was attributed to petitioner No. 3 by which Hussain Akhtar was injured. The third fire was ascribed to petitioner No. 2 which allegedly hit Ghulam Safdar at his back. Thereafter Soofi Ghulam Hussain, Haji Fazal Hussain etc. Are stated to have pelted bricks whereby some others were injured. On the same date a cross case was also registered at the instance of Ghulam Akbar petitioner No. 3. It was reported in this F. I. R. That the Shias had violated the previous arrangement arrived at bet--ween them and they not only disturbed the persons praying inside the mosque but also raised noise and pelted stones injuring Hafiz Allah Yar his head, Soofi Ghulam Hussain, Sajid etc. According to the complainant the persons in the procession had mounted on various buildings adjacent to the mosque wherefrom they started pelting stones injuring various persons. The present petitioners and others applied for bail before the learned Sessions Judge. This was granted to 21 persons against whom Crl. Misc. 1158-B 75 has been filed for cancellation of their bail. The learned Sessions Judge, how--ever, refused to grant bail to the present petitioners and hence this petition.
2. It is contended by the learned counsel for the petitioners that there were in all 32 injuries on 16 persons on the other side in consequence of the incident in question. 25 out of these injuries are said to be simple gunshot wounds, whereas only one on the right knee of Hassan Akhtar is grievous. Seven injuries are said to be of blunt weapon injuries. In the cross case there were 10 injuries caused to 4 persons on the side of the present petition--ers. All these injuries are simple caused by blunt weapon except one in case of Haji Fazal Hussain, which is grievous.
3. There were five officials on duty at the time of the incident. Two of them namely Qazi Habib-ur- Rehman and Ch. Muhammad Yusuf are Magistrates, one was a Naib Tehsildar, whereas one of the two others was a Police Inspector while the other a P. S. I. It is stated that according to their statements under section 161, Cr. P. C. No shot bad been fired from within the mosque and rather they came from the outside. Ch. Muhammad Yusuf Magistrate and Mr. A.I Nasir Inspector Police were summoned by this Court to give the true facts of the incident. According to them the shots were fired from outside from the mob and not from the mosque. In this view of the situation the learned counsel for the petitioners submitted that there was no reasonable grounds to believe that the petitioners did commit any offence punishable with such a punishment and would disentitle them to be released on bail under section 497, Cr, P. C. He further submitted that the occurrence took place near the mosque where the Magistrate and the police were pasted within and outside and, therefore, their statements should be conclusive so far as this application is concerned. The infirmity and old age of Qazi Mazhar Hussain was also pressed into service.
4. The learned counsel for the private respondents on the other hand submitted that this was not a case fit for grant of bail for the reason that the petitioners are specifically mentioned in the F. I. R.
And overt acts had been attributed to them. They used fire arms indiscriminately and, therefore, should be denied the concession of bail. He further submitted that 10 persons received gunshot injuries and 5 persons brickbat injuries and, therefore, it was not a case where the petitioners could be released on bail. He also referred to the statements made by the Magistrates and other officials under section 161, Cr. P. C. And submitted that these were in conflict with the first report made by them after the incident to the District Magistrate. In that report it was stated by them that they could not ascer--tain the direction of the fires. As regards the old age and infirmity of Qazi Mazhar Hussain, the learned counsel submitted that the reports of the Medical Officer Chakwal and Medical Superintendent Jhelum were not believed by the learned Sessions Judge, as in his view Qazi Mazhar Hussain was neither old nor infirm and rather enjoyed a good health.
5. After hearing the learned counsel for the parties I am of the view that it is a fit case for confirmation of the bail already granted to the petitioners. Admittedly the statements made by the Magistrates and other officials who are independent witnesses and were specifically deputed for the; maintenance of law and order, support the contention of the petitioners. Their statements even otherwise should be preferred over that of the complainant who admittedly belonged to a faction not favourably inclined towards the petitioners. The grant of bail should also be available to the petitioners in view of the fact that the accused in cross case filed are also on bail. Further the question as to who was at fault or aggressor, shall be determined on the trial and, therefore, till then the petitioners must not be denied their liberty.