1. TANVEER AHMED KHAN, J.- Petitioner through this application has sought post arrest bail in a case registered vide FIR No. 48/96, dated 19.3.1996, under Sections 302/324/337-A-II, 148/149, 319/337-A- II(5) PPC, 11-B/Arms Ordinance, Police Station, Sadar, Layyah.
2. It is the case of the prosecution that Zulfiqar Ali, the complainant was going to his house after taking his children from school. In the first incident Hassan Sajjad and others were coming on a tractor from the side of Chak No. 144 TDA. Hafiz Ullah and others armed with lethal weapons also come on a tractor trolly. They stopped the tractor of the complainant and mounted an attack on Hassan Sajjad and his companions. They tried to runway but Hassan Sajjad was overpowered by Muhammad Yusuf co-accused who also in the meantime came there from Chak No. 144 TDA on a motorcycle. Hafeezuallh petitioner No. 5 gave a chury blow to Hassan Sajjad which landed on the left side of his chest. The complainant side who were going to play cricket defended themselves with the wickets they were carrying and in this occurrence Asif, Hafeezullah petitioners and Irfan co-accused from the accused side also sustained injuries. While the complainant side was trying to escape from the place of occurrence some of the petitioners and their Co-accused also reached the spot with their lethal weapons. They resorted to indiscriminate firing and in this, second occurrence Abdul Razaq petitioner gave a hatchet blow on the head of Muhammad Khalid.
3. Bail is sought on the ground that the Hon'ble Supreme Court has already granted post arrest bail to light of the accused in Crl. Petition for Leave to Appeal No. 298-L/97 which was converted into appeal with order dated 30.12.1998. A further argument has been advanced that the petitioners were arrested as far back as on 27.3.1996 and inspire of passage of about three years the trial has not taken of from the ground.
4. Learned State Counsel has feebly opposed the grant of bail.
5. I have considered the contentions. I have noticed that in this case as many as 17 persons were implicated. Eight of the co-accused had already been granted bail by Hon'ble Supreme Court vide order dated 30.12.1997. Similarly subsequent to the order of the Hon'ble Supreme Court I also admitted the co-accused Muhammad Zulfiqar to bail to his having more or less identical case on 30.11.1998 vide Crl. Misc. No. 14530B/98. In this background, I admit the petitioners to bail provided they furnish bail bonds in the sum of Rs. One lac with two sureties each in the like amount to the satisfaction of learned Trial Judge.