IJAZ NISAR, J. Soeni petitioner along with four others stands charged with the murder of Muhammad Arshad (deceased) and for making murderous assault on Nazir Ahmad PW with firearms on 12-4-1993. The occurrence was sequel to a land dispute between Soeni petitioner and Nazir Ahmad injured P.W. The deceased's father used to side with Nazir Ahmad in the said dispute.
2. The deceased was hit by the rifle shots fired by the petitioner's son, namely, Samar. The petitioner is alleged to have raised a lalkara and fired a gun shot at Nazir Ahmad P.W. His co-accused Wilayat is also alleged to have injured Nazir Ahmad PW with a shot fired from 12-bore gun.
3. Soeni petitioner seeks bail on the ground of old age and of not having caused any injury to the deceased. It is further contended on his behalf that during investigation the D.S.P, found that he was not armed at the time of occurrence: It is next contended that the firearm injury attributed to the petitioner was simple in nature.
4. According to the Medical Officer, Sub-Jail, Mandi Bahauddin, Soeni petitioner is 70 years old and suffered from cough & chest pain. He was admitted to the Jail hospital on 9-9-1993 and was under his treatment.
5. Admittedly, no injury to the deceased is attributed to the petitioner. Further more he was not found armed at the time of occurrence. In this view of the matter his case appears to be one of further inquiry. Accordingly, he is admitted to bail in the sum of Rs. One lac with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Mandi Bahauddin.