ORDER ABDUL HAFEEZ CHEEMA, J.- The petitioners are involved in case FIR No.62/94 dated 16.3.1994, under sections 302/148/149 PPC, P.S. Green Town Lahore.
2. The account of occurrence as given by Muhammad Ishque complainant, briefly, is that his brother Ilyas was resident of House No.461/6-C-II Green Town. In the same street the petitioners and one Mansha son of Bashir, also resided. The petitioners and their party started sitting in the street on cots. Muhammad Ilyas deceased objected to the sitting on account of there being people of bad character in that party; there ensued a quarrel between the parties on account of this reason. Subsequently the petitioners levelled a false accusation of abduction against Ilyas and he was summoned to the police station, Rehmat Ali Naib Moharrir happened to be a friend of the present petitioners, this led Ilyas to file a writ petition in the High Court. In this state of affairs, on the preceding night of 18.3.1994 a little quarrel had already taken place between Ilyas and the petitioners. The petitioners, however, challenged Ilyas that they would teach him a lesson. On 18.3.1994 at mid-day, the petitioners alongwith Mansha and a few others, whom the complainant was in a position to recognize if he was confronted with them, armed with deadly weapons appeared in front of the house of Ilyas and started firing. Muhammad Ilyas also came out, after hearing shots, armed wit 7. M.M. Rifle. The complainant and his brother Ghulam Abbas and one Arshad also followed Ilyas with a view to separate the quarrelling parties. Firing had started from both the sides which prevented them from going ahead. Muhammad Mansha fired at Ilyas with mouzar which landed at his forehead and he fell down. One Muhammad Asif son of Muhammad Khan, also a resident of nearby house, protruded his head out of the gate and he also fell prey to bullet which was latter attributed to Bodi petitioner. Ilyas and Asif fell down and they were taken to nearby Hospital but they succumbed to the injuries on way to the Hospital. The occurrence was seen by the complainant, Ghulam Abbas and Arshad PWs. The petitioners and their party decamped with their weapons of offence, announcing that they had avenged their disgrace.
3. The- petitioners, in the first instance, had applied for their bail in the Sessions Court which was entrusted to Mr. Inamullah Khan, learned Addl. Sessions Judge, who rejected their bail vide order dated 4.8.1994.
4. It is submitted in support of the bail application that the petitioners are innocent; that the firing had started from both sides and as such during this indiscriminate firing it was not possible to determine who died with whose shot; that the petitioners are rotting in jail for a long time and that the case is not likely to be fixed in the near future; that the fire shot which is alleged to have caused the death of Ilyas deceased, is attributed not to the petitioners but to Mansha, as such, the petitioners are entitled to bail.
5. Learned state counsel stoutly opposed the bail on the grounds that they are named in the FIR; they initiated the fight and they had come to the house of Muhammad Ilyas armed with deadly weapons; they formed an unlawful assembly and with the common object attacked and killed two persons; the investigation is still in progress and Mr. Mubashar Ahmed, S.P. Is conducting the investigation; that this is a case in which two persons have lost their lives and in case the petitioners are set at liberty at this stage, they would, being desperados tamper with the evidence and are also likely to jump over their bails.
6. Arguments have been heard and record perused. The investigation of this case is still in progress and of late it has been handed over to Mubashar Ahmed, S.P. Who reportedly busy with the investigation of the case and has yet n6t come to a final conclusion. The record shows that Muhammad Khan father of Asif deceased had filed an application before the Investigating Officer alleging therein that Asif was shot dead by Bodi deliberatly and the assailants had taken him to be that of the party of Ilyas.
7. The allegations are that the petitioners, in the first instance, formed an unlawful assembly and in furtherance of their common object had attacked the other side, as such, the application appears to be premature. Let the S.P. Complete his investigation and come to a definite conclusion. The petitioners will then be at liberty to seek relief, if any, if so advised. The application has no merit and is, therefore, dismissed.