KHIZAR HAYAT, J.- This is a petition for grant of bail on behalf of Akbar Ali and his son Akhtar Ali who stand arrested in case FIR No.271/92, dated 2-10- 1992, under section 302/34 PPC, police station Yazman, District Bahawalpur, registered at the instance of Altaf Hussain who is son of deceased Karam Dad, after their bail plea was declined by the lower Court.
2. According to the prosecution, Altaf Hussain and his father Karam Dad had spotted some goats of the accused party damaging their Gawara crop. They went near the field and found Muhammad Tayyib, co-accused of petitioners, man-handling Shahbaz, brother of complainant. At that time Muhammad Tayyib and Akhtar Ali were holding Dangs while Akbar Ali and his son Arshad were empty-handed. Meanwhile Arshad accused ran to his house and brought a gun from there and at the instigation of Akbar Ali (petitioner) fired at and killed Karam Dad (deceased). It is also alleged in the FIR that Akhtar Ali (petitioner) aimed a Dang blow at Shahbaz but as the latter got aside it landed on the head of Akbar Ali (petitioner), his own father.
3. It is argued on behalf of the petitioners that they did not cause any injury to the deceased or the PW and, only proverbial Lalkara is attributed to Akbar Ali (petitioner). It is further stated that the petitioners are in jail since 10- 10-1992 without trial, therefore, they are entitled to the grant of bail.
The petition is opposed by the State counsel as well as by learned counsel for the complainant.
4. I have considered the contentions of learned counsel for the parties. Admittedly the two petitioners did not cause any injury to the deceased or any PW. Proverbial Lalkara only is attributed to Akbar Ali petitioner, who was allegedly injured at the hands of his co-accused (his own son). In the circumstances. I am of the view that there do not exist reasonable grounds for believing that petitioners are guilty of Committing the offence punishable with 10 years and above. Consequently, I hereby allow this petition and direct that the petitioners be released subject to their furnishing bail bonds in the sum of Rs.10,000/- with one surety in the like amount each to the satisfaction of trial Court.