ORDERABDUL HAFEEZ CHEEMA, J.- Muhammad Yousaf and Muhammad Ali, accused/petitioners are involved in case FIR No.146/94 dated 5.6.1994 under Section 324/34 PPC. The account of occurrence given in the initial report made by Gulzar Ahmad son of Abdul Aziz of village Baloke shortly is that he owns a piece of land near Canal Rest House, Baloke and has set up his residence in his land. His other brother Shah Muhammad is also living there with his family. Some times prior to this occurrence Sardar Muhammad brother of the complainant was involved in a murder case of Police Station City Pattoke in which Niaz Din, father of Yousaf petitioner had been murdered. It has further come to the notice of this Court during the course of arguments that two other murders had also taken place, namely that of Muhammad Younas and his wife in which Sardar Muhammad, brother of the complainant along with others had been implicated.
2. On account of this grudge the accused party was after his life and were invariably shadowing him whereever he went. Although he belonged to village Baloke yet since after the registration of this case sometimes he would pass night with the complainant at his Dera. On the night between 4/5.6.1994 at about 3.00 a.m. The present petitioners along with Boota and Hakim Ali, all armed with deadly weapons entered into the Have of the petitioners where his family and the family of his brother were asleep. Th cot of Mst.Surayya Bibi wife of his brother Shah Muhammad thought that it was Sardar Muhammad accused of their case. Muhammad Ali and Boota fired at the cot which hit Mst.Surayya Bibi wife of Shah Muhammad and accused as many as 17 injures. Afterwards others also opened their fires. On the arrival of the P.Ws, the assailants made good their escape with their weapons of offence.
3. The petitioners seek their bails chiefly on the grounds, that they are innocent and have been falsely implicated to prevent them from following up the murder cases in which the complainant side of this case is involved, that no occurrence whatsoever took place and the story is concoted and fabricated; that there is delay of 14 hours in lodging the FIR which the complainant side has nowhere explained.
4. The bail has been opposed by the State counsel on the ground that the petitioners are named in the FIR, specific role has been attributed to each and an innocent woman had received as many as 17 i.e-arm injuries.
5. The arguments have been heard and record perused.
6. It is alleged by the complainant that in the first instance fires were opened by Muhammad Ali and Boota which hit Mst.Surayya Bibi. Others are alleged to have fired and it is not clear whether they also caused injuries to the victim or they were firing in the air had intended to cause terror and fright to the inmates. The petitioners arc in the jail for over a month and Yousaf petitioner is a witness in the murder case. As Muhammad Ali, petitioner is clearly allegedly to have fired at Mst.Surayya Bibi which hit her and caused many injuries, no case for his bail has been made out, whereas Yousaf petitioner, although named in the FIR, has been attributed general firing without clarifying as to whether it caused any damage to the victim or not. He is a witness in the murder case and requires to pursue it. In the circumstances I feel a case has been made out for his bail. He is, therefore,admitted to bail in the sum of Rs.50,000/- with two sureties in the like amount to the satisfaction of A.C.Kasur. The bail application of Muhammad Ali, petitioner is, accordingly, dismissed