1. MUHAMMAD AKRAM, J.--According to the allegations of the prosecution the dupatta of the wife of Abdur Razak got accidentally stuck up with wangha carried by Abdul Ghaffar (P. W.), as he was passing by her through a lane. The complainant party took this as a deliberate act and they decides to avenge the insult. On the 8th October, 1975 at 5 p. m. Abdur Razak and Zulfiqar accused armed with larhis attacked Abdul Ghaffar while he was coming back to his village from the fields.
2. On his alarm his father Muhammad Siddiq (deceased) and hi, uncle Shah Muhammad (P. W.) reached the place of occurrence. In the meantime, Muhammad Hussain, Muhammad A.I (petitioners Nos. 3 and 4) and Yasin (co-accused) also reached there and joined with petitioners Nos. 1 and 2 in inflicting injuries on Muhammad Siddiq, Shah Muhammad and Abdul Ghaffar.
3. Muhammad Siddiq later on died of these injuries in the hospital.
4. The five accused persons applied to the High Court for bail. On the 26th March, 1976, a learned Judge of the Lahore High Court allowed bail to Yasin only on the ground that he was not attributed to have inflicted any injury to the deceased and the application of the remaining co-accused was dismissed by him.
5. On verification from the record, it transpires that actually the case of Muhammad Hussain appellant is easily distinguishable from Muhammad Yasin, who was allowed bail by the High Court.
6. Muhammad Hussain is alleged to have caused injuries to Muhammad Siddiq deceased and on that ground, therefore, his case is distinguishable from Yasin. The mere fact that he is stated to be aged 70 years does not entitle him to the concession of bail.