' This is an application by Fateh Muhammad and Muhammad Ashraf for grant of bail. They, are accused of liences under section 302/307/34, P.P.C. And are said to have a dispute over some lard with Muhammad Tufail deceased. On the night of the occurrence they went to the Karkhana where the deceased used to sleep her workers were also present there. Muhammad Ashraf petitioner was arr ied with a pistol while (Alai) co-accused was armed with a sten-gun. Imme, liately after their arrival Muhammad Ashraf petitioner took out his pistil I but Allah Rakha complainant, the brother of the deceased, caught hold of him from his wrist. Muhammad Ashraf petitioner shouted to his friends for help, whereupon Gulab co-accused came in with his sten-gun. Lie tried to shoot at Muhammad Tufail deceased but the sten-gun got stuck. Thereupon Muhammad Ashraf petitioner who had in the meanwhile been caught hold of by Allah Rakha and Muhammad "Tufail threw his pistol towards Gulab co-accused, who fired a shot with it which hit the right elbow of Allah Rakha complainant. At this juncture Fetch Muhammad petitioner also came in and raised lalkara saying that Muhammad Tufail (deceased) should not be left alive. Gulab co-accused fired another shot with the pistol which missed and instead of hitting Muhammad Tufail hit a nearby wall.
Muhammad Ashraf, Gulab and Fateh Muhammad then caught hold of Muhammad Tufail (deceased) and Gulab struck him with the butt of the sten-gun hitting him on the left temple and nose. Thereafter they ran away. GAM:, co-accused left his sten-gun at the place which was taken into possession by the witnesses.
2. The learned counsel for the petitioners submitted that all the injuries are attributed to Gulab co- accused, and that Fateh Muhammad, who is real brother of Gulab, was admitted empty handed and as such did not 4 cause any injury, to anyone. He submitted that he has been involved merely because he is related to the ins in accused.
' He does not press the application with regard to Muhammad Ashraf petitioner and I think he is right in doing so because an overt act has been attributed to him. He was armed with a pistol with which he tried to shoot at Muhammad Tufail (deceased), but was prevented because Allah Rakha complainant had in the meanwhile caught hold of his wrist where after he had no option but to pass over his pistol to Gulag whose sten-gun had got stuck.
3. The result is that only Fetch Muhammad petitioner is granted bail in the sum of Rs, 15,000 (Rupees fifteen thousand) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Gujranwala.