1. ' SAIDUZZAMAN SIDDIQUI, J.---The petitioners have sought leave to appeal against the judgment of a learned Single Judge of the Lahore High Court, Rawalpindi Bench, dated 17-1-1994, whereby, bail was refused to the petitioners in a case registered under sections 302/148/149, P.P.C. And 324/337- A-(ii), P . P. C .
2. ' The petitioners along with 19 others are accused in F.I.R. No,174 dated 13-8-1993 registered at Police Station Jhand under sections 302/148/149 and 324/337-A-(ii), P.P.C. Out of 25 accused in the case, 13 were enlarged on bait by the trial Court while another six were granted bail by the High Court.
3. The present petitioners were refused bail by the High Court on the ground that they, prima facie, shared common intention as they were armed with deadly weapons at the time of incident in a place of worship. Out of them, Mumtaz, (petitioner No,1), Sher Afghan (petitioner No,2) and Muhammad Iqbal (petitioner No,3) were rightly refused bail in the case by the High Court as they allegedly caused injuries to the deceased Siddique Umer in the case. The cases of the remaining accused, namely, Ghulam Raza, Ghulam Shabbir and Zafar Iqbal, however, arc distinguishable as in spite of being allegedly armed with deadly weapons like A rifle, gun and hatchet, they only caused simple blunt injuries to some of the P.Ws. Using the wrong side of their weapons. In these circumstances, whether they share common intention with those who caused death of deceased Siddique Umar needs further enquiry.
4. ' We, accordingly, after hearing the learned counsel for the parties and the State convert it into appeal and admit Ghulam Raza son of Ghulam Mohyuddin, Ghulam Shabbir son of Ghulam Yousaf and Zafar Iqbal son of Mehdi Khan to bail on condition of furnishing two sureties in the sum of Rs,25,000 by each of them to the satisfaction of trial Court.