JUDGMENT S.M. ZUBAIR, J.- The petitioners who ae involved in a case under sections 302/149/148 PPC arising out of FIR No. 269, dated 20-11-1992, registered at Police Station Bahlek, seek to be admitted to bail.
2. As per F.I.R., the petitioners and their co-accused were armed with firearm at the relevant time.
Ghulam Qadir petitioner is alleged to have fired with rifle and the shot hit Mst. Shahnaz Bibion here forheed whereas the shot of Lisaqat petitioner hit Mst. Inayat too on her forehead. Both the victims fell down and died at the spot.
2. The learned counsel for the petitioners contended that it is a case of two" versions, as from the petitioners', side five persons, namely. Nasir. Mst. Jawa, Mst. Iqbal Begum, Mst. Nooran and Mst.
Walayat Bibi received gunshot injuries. Which remained unexplained; there is considerable delay in lodging the F.I.R., the police vide Zimni No. 24, dated 24-5-1993, came to the conclusion that the complainant party was the aggressor and the motive given in the F.I.R, was not correct; the petitioners are behind the bars since 29-12-1992, without any meaningful progress in the trial and uptill now the challan has not been submitted in the Court. Pleace reliance on PLJ 1980 SC 155. NLR 19S3 Criminal 54 and MLD 1993 page 2357.
3. Learned counsel for the State assisted by the police officer has conceded this fact that according to the finding of the police, the complainant party was the aggressor and thereafter the petitioners opened fire in self defence.
4. I have heard the learned counsel for the parties and have perused thew record.
After the aforesaid finding of the police that the complainant party was the aggressor and that the petitioner' party opened fire in self-defence, which has been approved by the Rang Inspector also and that possibility cannot be ruled out that the petitioners might have acted in self-defence, whether they exceeded the right of self- defence or not, in view of injuries received by five persons from the petitioners' side, the case against the petitioners is one of further inquiry; -hence, the petitioners are admitted to bail in the sum of Rs. 50,000/- (fifty thousand only) with one surety each in the like amount to the satisfaction of the A.C. Samundari.