' The two petitioners were alleged to have fired shots which hit the chest and the chin of Asif Nadim deceased while their co-accused Zafar, who is not a petitioner herein, had fired a shot which had landed at the right shoulder of Tanveer P.W., in an occurrence which took place shortly after the murder of Maulana Haq Nawaz Jhangivi on 22-2-1990 within the area of Police Station City, Jhang.
2. The learned counsel for the petitioners contends that the petitioners who are Shia by faith have been falsely roped in for the murder of Asif Nadim deceased and for a murderous assault on Tanvir P.W. Who professed Sunni faith.
3. Argues that the case of two petitioners is at par with that of their co-accused namely, Zafar who was admitted to bail by this Court through an order dated 19-11-1990 passed in Criminal Miscellaneous No,3587-B of 1990, and that the considerations which had weighed with this Court in releasing Zafar accused on bail were available in the present petitioners' case also.
4. Be that as it may, the fact remains that Zafar accused had been burdened only with an injury at the shoulder of Tanvir P.W. And had made no contribution in the death of Asif Nadim deceased whereas the present petitioners are the ones who are responsible for the death of Asif Nadim and stand specifically named in the F.I.R. With specific roles attributed to them.
5. The investigation now stands completed and as per this investigation, the allegations levelled in the F.I.R. Have not been found open to any exception.
6. The case of two petitioners who stand accused of having shot the deceased to death is obviously distinguishable from the case of their co-accused namely, Zafar who had fired only at the P.W.
7. Consequently, I find no merit in this petition which is accordingly dismissed.
8. It is, however, directed that in view of peculiar nature of the present case, the learned Sessions Judge shall make efforts to conclude the trial against the petitioners expeditiously.