MIAN NAZIR AKHTAR, J. - The petitioners seek bail in a case registered against them and three others vide FIR No. 101, dated 20.3.1995 for offence under sections 302, 324, 429, 148 and 149 of the PPC at P.S.- Badami Bagh, Lahore. The cross case was also registered on the statement of Asghar vide FIR No. 102, dated 22.3.1995 for offence under sections 324, 148, 149 of the PPC.
2. According to the allegations made in the FIR Tariq, petitioner No. 1 was armed with a pistol and fired at Gulzar, PW2 causing an injury on his left thigh. Muhammad Arshad, petitioner No, 2 alongwith the co-accused fired indiscriminately as a result of which Muhammad Aslam, Riaz Ahmad, Mst. Aashi, Shahzad and one passer-by Muhammad Hanif were injured. Moreover a bullet also hit Mst. Maqboolan, who was carrying a small child named Madiha, aged about 1.1/2 year, after crossing the body of Mst. Maqboolan, the bullet hit the child who unfortunately died. The said injury was specifically attributed to Muhammad Asghar, accused in the cross case. A mare standing near the place of occurrence was also injured and died. At present Muhammad Asghar is absconding and the trial Court has proceeded against him under the provisions of section 87/88 of the Cr.P.C, for the purpose of separating his case under section 512 of the Cr.P.C.
3. The petitioners' learned counsel contends that the petitioners are not alleged to have fired at Mst. Madiha deceased; that Tariq petitioner No. 1 has caused a simple injury on a non-vital part of Gulzar PW2; that only a general allegation of firing along with the co-accused has been made against Muhammad Arshad, petitioner No. 2 and it could not be said with certainty as to who had really caused injuries to the PWs; that a counter case has been registered against the complainant and at this stage it could not be said with certainty as to which one is correct; that the petitioners are not connected with the motive stated in the FIR; that the possibility of their false implication due to relationship with Muhammad Asghar could not excluded and that Muhammad Aslam, Shahzad and Aashi have submitted affidavits before the I.O. Stating therein that the complainant party was responsible for firing at the PWs. On the other hand learned State counsel opposes the baft petition qua Tariq, petitioner No. 1 and submits that he caused injury to Gulzar PW and that in the final challan he has been arrayed as an accused and that recovery of. 30 bore pistol has been made from him; that challan has been submitted against both the parties. As regards petitioner No. 2 she submits that specific role of causing injury has been made against him.
4. Admittedly, the petitioners did not cause any injury to Mst. Madiha deceased, minor daughter of Mst. Maqboolan Bibi. The fatal shot is attributed to Muhammad Asghar, real brother of Muhammad Arshad, petitioner No. 2. Muhammad Asghar has given another version of the same occurrence whereupon a separate case was registered against the complainant party vide FIR No. 102 dated 22.3.1995. Out of the injured persons three PWs namely Muhammad Aslam, Shahzad and Mst. Aashi submitted their affidavits before the I.O. Stating therein that they were injured due to firing by the complainant party. The case involves two versions about the same occurrence and it cannot be said with certainty at this stage as to which one is true. The matter requires further probe and inquiry and at this stage there are no reasonable grounds for believing that the petitioners are guilty of the offence alleged against them. Hence, the petitioners deserve concession of bail. The above view finds support from the judgments in the cases of:-
(i) "Qazi Mazhar Hussain and 4 others v. The State" (1975 P.Cr.L.J. 1375).
(ii) "Syed Rafique Muhammad Shah and 2 others v. The State" (1978 P.Cr.L.J. 80).
(iii) "Muhammad Boota and 5 others v. The. State" (1978 P.Cr.L.J. 300).
(vi) "Hadi Bux and another v. The State" (PLJ 1980 Cr.C.(Sukkur) 140)
(v) "Sheikh Rehman v. The State" (PLJ 1983 Cr.C.(Lahore) 5).
5. For the foregoing reasons, the petition is accepted and the petitioners are allowed bail, subject to their furnishing bail bonds in the sum of Rs. 50,000/- each with two sureties each in the like amount to the satisfaction of A.C/Judicial Magistrate, Lahore.