ORDER ORDER AHMAD SAEED AWAN, J.- The five petitioners alongwith others were reported against vide FIR No. 382 dated 16.8.95 under sections 324, 337/H(ii). 148 and 149 PPC registered with Police Station Samundri District Faisalabad.
According to FIR, all the petitioners armed with deadly weapons, attacked the complainant as a result of which he received a fire arm injury at his leg. "
2. Learned counsel for the petitioners contends that there is unexplained delay of 21 hours lodging the FIR: no overt act is attributed to the petitioners; previous enmity is admitted which is sufficient to prove false involvement and that the petitioners are behind the bars for the last more than six months. According to the learned counsel, the petitioners are entitled to the concession of bail.
3. The petition is being opposed by learned counsel for the State accompanied with police official.
According to him, the weapons have been recovered from the petitioners and have also been found guilty during the police investigation.
4. After hearing learned counsel for both the sides, I am prima facie of the view that the case of the petitioners falls under II proviso to section 497 Cr.P.C, m keeping with the facts that no overt act is attributed to the petitioners; Niaz. Petitioner No. 2. According to FIR was armed with Carbine while 30*bore pistol has been recovered from him and that only one fire arm injury was found on the body of the complainant which according to FIR was attributed to Arif Ali, who is not the petitioner.
The petitioners are, therefore, admitted to bail subject to their executing bail bonds in the sum of Rs. 50,000/- with one surety each in the like amount to the satisfaction of AC/Duty Magistrate, Samundri District Faisalabad.