I have gone through the F. I. R. Of this case lodged at the instance of Subedar Lal Khan. The complainant mentioned in the F. I. R. That his brother Sardar A.I purchased land from Rehmat, petitioner for Rs. 35,000 through delivered the posses--sion of the land to his brother Sardar A.I; that on 17-1-1973 Adalat and Din started ploughing the said land and he (complainant) and his cousin Fazal Elahi stopped them from ploughing the land and in the meantime the petitioners alongwith other co-accused reached the spot ; that Talib Hussain Muhammad Aslant and Muhammad Din were armed with guns while Rehmat was armed with stick; that co-accused Ghulam Haider was armed with revolver and the other accused had also sticks; that Talib Hussain, petitioner asked Adalat not to stop ploughing the land as they had filed a suit for possession through pre-emption; that he (complainant) told Talib Hussain that in case the suit was decided in his favour, they could take possession of the land whereupon Talib Hussain started abusing hire (complainant) which led to exchange of abuses; that Khadim Hussain and Nazim Hussain reached the spot on hearing the abuses; that Talib Hussain exhorted his co-accused to kill the complainant party and simultaneously fired gunshot at trim (complainant) and he sat down and the shot hit Khadim Hussain, P. W. Who fell down; that Muhammad Shafi, deceased reached the spot and fell over Khadim Hussain in order to save him whereupon Talib Hussain petitioner fired the second shot which hit Muhammad Shafi, deceased, Ghulam Haider fired revolver shot at him (complainant) which hit him on the chest and he fell down; Muhammad Aslam, Muhammad Din and Talib Hussain, petitioners fired more shots causing injuries to Nazim Hussain and Naheeda; that in the meantime Jamadar Abdul Ghani reached the spot and he pleaded for mercy and the accused left for their houses giving out lalkara.
2. It is urged by the learned counsel for the petitioners that no part has been ascribed to Rehrnat, petitioner; that no witness has been examined so far although the accused are in jail for more than 1-- years.
3. Talib Hussain, Muhammad Aslam and Muhammad Din were armed with guns and they fired shots at the deceased and the prosecution witnesses and caused them injuries. Their case is not fit for grant of bail. I reject their bail application.
4. Rehmat, petitioner did not cause any injury to any of the prosecu--petition witnesses and no overt act has been ascribed to him. Taking these facts into consideration and also the fact of delay in the disposal of the B inquiry, I allow bail to Rehmat, petitioner, in the sum of Rs. 10,000 with two sureties in the like amount to the satisfaction of the committing Magistrate.
5. The committing Magistrate is directed to expedite the inquiry within a reasonable time.