' Mirza, Idrees, Najabat and Arif petitioners all cousins inter se were arrested on 24-8-1994 in pursuance of a case registered against them vide F.I.R. No,321/94, dated 9-8-1994 alleging the commission of offences under section 302/324/148/149, P.P.C. At Police Station Khanqah Dogran, District Sheikhupura, regarding an occurrence which allegedly took place on 9-8-1994 at about 6 p.m. In the area of Jhoke Kalan, which is said to be about 6 miles from Police Station Khanqah Dogran.
2. The only allegation against the present petitioners is that while variously armed with fire-arms they resorted to firing after the fatal shot had already been fired by co-accused Arshad and Nawaz and as a result of which Shahadat Ali had already been hit and probably had died at the spot.
According to the prosecution it was thereafter that the petitioner fired and as a result of that one Zafar Iqbal was injured. It is not possible from the material placed before me to state that whose shot hit Zafar Iqbal. However, the medico-legal report of Zafar Iqbal reveals only one injury on the left thigh and it is not possible to state the nature of the said injury because according to the doctor the said injury had been kept under observation, which is neither here nor there.
3. From the material that has been placed before me it is not possible for me even prima facie to form an opinion that reasonable grounds to believe that the petitioners are guilty of an offence punishable with death or imprisonment for life or 10 years exist. At best the case against the petitioners may be a case of further inquiry within the meaning of subsection (2) of section 497, Cr.P.C. Which would entitle them to the grant of bail.
' Resultantly, the petitioners are granted bail provided they furnish bail bonds in the sum of Rs,50.000 each with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate,