IJAZ NISAR, J.- This order will dispose of Crl. Misc. No.4199/B/C/1993 for the cancellation of bail of Muhammad Azam and Majid Rasheed alias Momi and Crl. Misc. No.995-B/1994 moved by Muhammad Sabir seeking cancellation of the bail of Muhammad Abid in case FIR No.319/93 dated 12.8.1993 under sections 324,337-A (iii) 148,149 and 109 P.P.C.
2. The prosecution case in brief is that on account of election enmity, the respondents intercepted Muhammad Sabir complainant and Muhammad Nawaz P.W. On 12.8.1993. Abid fired a gun shot at Muhammad Nawaz hitting him on the left thigh while Majid Rasheed alias Momi fired a gun shot at Muhammad Nawaz P.W. Hitting him on the right knee. Muhammad Azam also fired at Muhammad Sabir which did not hit him. The injuries of Nawaz and Majid Rashed were reportedly declared grievous.
3. Learned Additional Sessions Judge granted bail to the respondents on the grounds that it was yet to be seen whether the injury received by the injured was the result of one or two shots and further that the offence did not fall within the prohibitory clause of section 497 Cr.P.C.
4. Learned counsel for the petitioner submits that the respondents were not entitled to be released on bail at such an early stage when even the injuries of the injured P.Ws, had not healed.
5. I have heard the learned counsel for the petitioner. Specific grievous firearm injuries are attributed to Muhammad Abid and Majid Rashed P.Ws. Moreover, they are named in the F.I.R., which was lodged without any delay.
In this view of the matter, the learned Additional Sessions Judge did not properly exercise his discretion in admitting them to bail. Accordingly, I accept the application and cancel their bail. The case of Muhammad Abid is, however, considered to be distinguishable from them because he is said to have ineffectively i.e during the occurrence. Accordingly, the application is dismissed to his extent.