FAQIR MUHAMMAD KHOKHAR, J.-This order shall dispose of criminal misc. No. 3596-B-1997 and criminal misc.No. 3466-B-1997 as they arise out of the same FIR.
2. Petitioners seek the grant of bail in case FIR No. 41 of 1997 dated 20-2-1997, under Section 324/365/148/149/337-A/334(2)PPC registered at PS Jhal Chakian, District Sargodha.
3. According to the prosecution version, one Haji Muhammad Akram was abducted and was caused 12 injuries with the butt of the gun by Muhammad Ameer whereas allegation against other petitioners is that of ineffective firing except the petitioner Pervaiz who is alleged to have caused injuries with lathi.
4. It is contended by the learned counsel for the petitioners that it was after the occurrence that the petitioners No. 1 to 3 herein were alleged to have resorted to ineffective firing and that no specific role was assigned to them nor any specific weapons were recovered front their possession, it is further submitted that no recovery was effected from petitioners No. 1 to 3 even during the investigation of this-case and no empty was recovered from them, It is further argued that the recovery of the licenced gun of petitioner No. 1 could not advance the case of the prosecution.
Similarly, the recovery of stick from petitioner No. 4 Pervaiz being, not found to be blood stained was also of no consequence. It is stated that petitioner No. 4 Pervaiz is a minor by of aged 14 years, it was also argued that the question of saddling the petitioners with the individual or vicarious liabilities call for further investigation and inquiry in the matter. Learned counsel further submitted that allegation against the petitioner Muhammad Ameer is that of causing injuries with butt of his gun and that no specific role was attributed against Muhammad Naseer. It is also stated that petitioner No. 1 Umaid Ali is of an advance age of 80 years.
5. On the other had, learned state counsel as well as learned counsel for the complainant have argued that the FIR was lodged with all despatch within to hours of the occurrence and specific role has been assigned to all the petitioners They further submitted that in the facts and circumstances of the case, petitioners are not entitled to the grant of bail, it is further stated that Umaid Ali petitioner is a had and criminal and involved in a number of criminal cases.
6. I have heard the learned counsel for the parties at length. The challan in this case has already been submitted. However, the conclusion of the trial is not at sight.. The age of petitioner No. 4 Pervaiz being less than 18 years and Umaid Ali petitioner No. 1 being 80 years prima-facie appears to be correct. Petitioners No. 1 to 3 are assigned the role of ineffective firing. No recovery of weapon was effected from the petitioners No. 1 to 3. Even the possession of specific fire-arm was not alleged against petitioners No. 1 to 3. To me it seems to be a case of further inquiry which entitles all the 6 petitioners to the grant of bail.
7. In this view of the matter, petitioners are allowed bail provided they furnish bail bonds in the sum of Rs.20,000/-each with one surety each in the like amount to the satisfaction of learned Trial Court.