' MUHAMMAD AFZAL LONE, J.---With regard to an occurrence which took place on 25-3-1989 at 9-30 a.m., in the area Adda Thatta Ali, District Sheikhupura, resulting in the death of two persons namely Muhammad Nawaz and Manzoor Hussain and fire-arm injuries to four others, boarding a bus standing at the Adda, a case was registered under section 302/307/149, P.P.C. Against Akbar respondent herein, and 12 others, who all, according to the F.I.R. Were armed with lethal weapons.
Akbar accused is alleged to have inflicted an injury with .12 bore gun on the thigh of Muhammad Nawaz deceased. Bail was refused to him by the Additional Sessions Judge. However, the High Court by its order dated 9-7-1990 allowed the bail. In this behalf, the reasons which prevailed with the High Court are that the accused is 70 years old; he caused injury only on the leg of the deceased and further no recovery has been made from him. In the estimation of the learned Single Judge this is a case for further enquiry.
2. Leave is sought, inter alia, on the ground that the High Court's order does not conform to the requirements of section 497(2), Cr.P.C. Inasmuch as, without recording a prima facie opinion that no reasonable ground exists for believing that the accused committed a non-bailable offence, merely by observing that there is a case for further enquriy into his guilt, he could not have been enlarged on bail. In this respect, the learned counsel for the petitioner has drawn our attention to Iqbal Hussain v. Abdus Sattar and another PLD 1990 SC 758, Muhammad Sadiq v. Sadiq and others PLD 1985 SC 182.
' We accordinlgy grant the leave as prayed .