ORDER TANVIR AHMAD KHAN, J.- Petitioners through this application have sought post arrest bail in a case registered vide FIR No. 145 recorded on 5.7.1992 at Police Station Bahlak, District Faisalabad, under sections 302/34 PPC.
2. The allegations against the petitioners are that they trespassed into the courtyard of the complainant at I 1.00 p.m. On the fateful night alongwith with the co- accused having armed themselves with lethal weapons. Petitioner No. I. Zohra who was having 12 bore gun is alleged to have been fired at the deceased while petitioner No. 2 Mashkoor Ahmed was having 7 M.M rifle remained standing at the place of occurrence and continued raising lalkara threatening the people not to come here otherwise they would be finished.
3. Bail is sought on the ground that the petitioners have been implicated in this case in a mala fide manner and the alleged recovery is of no consequence as no crime empty was recovered. Motive is also not attributed to the petitioners. Further argument has been advanced that in the FIR no specific injury has been attributed to petitioner No. I.
4. I have considered the contentions. The petitioner No. I has been attributed fire-arm injury. The deceased in this case has sustained eight injuries on his person, It would be determined at the time of trial whether all these injuries were caused by one fire-arm as argued or more than one.
Recovery of incriminating weapon has also been effected from Zohra petitioner No. I. In this background, no ground for enlargement of his bail is made out. As such, the application qua Zohra petitioner No. I is dismissed.
5. However, the case of petitioner No. 2 Mashkoor Ahmad is very distinct and distinguishable.
Though he was allegedly armed with the 7 M.M rifle but no firearm injury has been attributed to him. Even there is no bald allegation that he has fired a single shot from his alleged weapon.
Simple proverbial lalkara has been attributed to him. In this view of the matter, petitioner No. 2 Mashkoor Ahmad has certainly made out a case of post arrest bail. Accordingly, he is admitted to bail provided he furnishes bail bond in the sum of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of A.C/Duty Magistrate, Faisalabad.