1. These are three Bail Applications being Criminal Bail Application No.542/95 filed on ehalf of Mirza Rafique Baig and Zakir A.I Khan and the applicants/accused were granted pre-arrest bail on 30-5- 1995 while accused Muhammad Nasir Siddiqui was granted interim bail after arrest by my learned Brother Justice A.I Muhammad Baluch in Cr. Bail Application No.588 of 1995 on 8-6-1995, so also applicant/accused Riffat Hussain Khan was granted interim pre-arrest bail on 20-8-1995 in Cr. Bail Application No.636/95. By this order I would like to dispose of all the three applications by one stroke of pen.
2. The brief facts leading to these applications are that one Abdul Hasan son of Abdul Majeed lodged his F.I.R. Being F.I.R. No.86/95 at P.S. Mithadar on 25-4-1995 at 4-25. p.m. Stating therein that he is employee of the Security Department of National Bank of Pakistan and he is also President of CBA Union Employees Front, Head Office, Karachi, He further stated that Mirza Rafique Baig is a General- Secretary while Saeed Ahmed Khan is Deputy Secretary-General and Sirajuddin is office-bearer of the said Union. He further stated that there are differences between him and Mirza Rafiq Baig over the policy of the Union as such the Union is divided into two groups, according to him he, Saeed Khan, and Sirajuddin and others are members of one group while the other group belongs to Mirza Rafique Baig and of other office-bearers. According to him due to these differences cases are filed before NIRC, and the cases also pending before NIRC. He has further stated that today i.e. 25-4- 1995 at about 3-00 p.m. He, Saeed Khan after offering prayers, were coming upward when they heard report of shots they hurriedly reached on the parking area on the third floor. According to him people informed them that their companions have been attacked, and when they reached in front to their office they saw that Mirza Rafique Baig, Riffat Hussain Khan, Zakir A.I Khan, Ejaz Butt and Nasir Siddiqui were raising "Lalkaras" to finish them and do not allow them to go alive and he further stated that due to this abovementioned persons who were armed with pistols and revolvers started firing on them. He also stated that his companions Saeed Ahmed Khan and Sirajuddin received injuries apart from Sirajuddin and Saeed Ahmed Khan three more persons also received injuries. Police after registration of the case arrested Muhammad Nazir Siddiqui while Mirza Rafique Baig, Zakir A.I Khan and Riffat Hussain Khan were granted interim bail by this Court.
3. I have heard the arguments of both the counsel and with their assistance also perused record. The main contention of the learned counsel for the applicants/accused are that there are counter- version and the applicant/accused Mirza Rafique Baig who is also General Secretary has reported the matter to the police but according to him the F.I.R., was registered on 6-5-1995 being F.I.R. No.- -6/95 under sections 147, 148, 149 and 324, Q-D Ordinance at the same police station. He has further argued that admittedly there is dispute on the Union affairs which has been admitted by the complainant in his F.I.R., and admittedly Union is divided into two groups. He has argued that in the Counter-- F.I.R., other party has been granted bail by the police and rest of the accused in the same case where the present accused is complainant have been granted bail before arrest by the learned VII th Additional Sessions Judge, Karachi (South). He has further argued that three office- bearers of Union of the applicants/accused side namely Zafar, Azimullah and Zaman have also received injuries. Learned counsel has argued that the offence falls under section 337-F(3), P.P.C., wherein the punishment is provided only three years as Tazir. In support of his contention he has relied upon PLD 1992 Peshawar 111, and 1994 SCM R 2051. According to him there are counter-cases and it is the duty of the Trial Court to see after the evidence as to which party is the aggressor he has relied on 1985 PCr.LJ 247(c). According to him Challan has already been submitted and the date of hearing is fixed as 18-9-1995.
4. Mr. Muhammad Sarwar Khan, A.A.-G. Has opposed the bail application, according to him police has no mala fide against the present accused and that specific role has been assigned to the applicants/accused that five persons have received injuries.
5. I have heard the arguments of both the counsel and with their assistance perused the record. Bare reading of F.I.R. Does not find any specific allegation against the present applicants/accused except "Lalkaras", even by reading the F.I.R., of this case the complainant does not name the person who has informed about the incident according to him when he reached on the third floor people informed them that their companions have been attacked: He has further stated that in his F.I.R.
6. That when they reached in front of their office they saw that Mirza Rafique Baig, Riffat Hussain Khan, Zakir A.I Khan, Ejaz Butt and Nasir Siddiqui were raising "Lalkaras" to finish them, and do not allow them to go alive. He has further stated in his F.I.R. That on this the abovementioned persons who were armed with pistol and revolvers started firing at them and his companions Saeed Ahmed Khan and Sirajuddin received injuries of fire-arm. According to him three more persons also received injuries. He has not given names of three persons who received injuries nor he has stated in his F.I.R. As to who fired to whom even he has not mentioned at bit about the injuries received by the applicants/accused side.
7. I am of the view that the complainant has tried to suppress the facts and have not come with clean hands. I had granted interim bail to the applicants/accused Mirza Rafique Baig and Zakir A.I Khan, on 30-5-1995 and my learned brother Mr. Justice A.I Muhammad Baluch granted bail to applicant/accused Muhammad Nazir Siddiqui on 18-6-1995 and to Riffat Hussain Khan on 28-6- 1995.
8. I, therefore, confirm the interim bails already granted to the applicants/accused. These applications are accordingly disposed of.