FALAK SHER, J.- Post arrest bail is being sought in the case registered vide F.I.R, No. 366 of 10.10.1997 under Sections 302, 324, 337-F.I), 148/149, PPC Police Station Sadar, Samundri District Faisalabad urging consistency viz petitioner's son Naseer co-accused having been allowed bail vide Crl. Misc.
No. 2597-B of 1998 on 30.6.1998 in the following terms:- "Petitioner having been arrested in the case registered vide F.I.R. No. 336 of 10,10.1997 under Sections 302, 324, 148, 149, PPC P.S. Samundri District Faisalabad alleging launching of a murderous assault by an unlawful assembly comprising the petitioner, his two brothers Bashir, Shameer and father Younis and three unknown persons identifiably by description variously equipped around 7.30 p.m.; petitioner's father Younis playing the pioneering role catching hold of Zawar Hussain by the collar caused a gun shot firing which missed the target to whose rescue Muhammad Rafique interjected to whom petitioner's brother Bashir caused pistol shot wound in the abdomen to which he succumbed; subsequent whereto their father Younis inflicted Butt blow on Zawar Hussain's head to whom the petitioner's second brother Shameer supplemented a stick injury in the same region, who too succumbed to the injuries in the hospital while the petitioner holding a stick perused exterminating exhortation; during the struggle Talib Hussain also suffered injuries on the right hand over a {{SOME PART MISSING}}
(4) Persuaded whereby Naseer son of Younis petitioner is allowed bail' upon furnishing bond in the sum of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Trial Court."
He too is entitled to the concession for the ascribed role being equally superficial involving all male members of the family viz initially catching hold of Zawar Hussain deceased by the collar caused close range fire with a gun which proved to be abortive and subsequently exhorting his son inflicted a butt blow on his head to whom his second son Shameer supplemented a stick blow at the same locale which is highly paradoxical because had he been present at the venue equipped with gun there was nothing in his way to refire once having missed the target; further, the medical evidence contradicts the ocular account for there being only one injury on the head the second being merely a swelling on the eye which could have occasioned by falling against hard substance on receipt of the head injury, on which count he has already suffered more than one year's internment.
2. Which has been opposed by the learned counsel appearing on behalf of the State and the complainant in person reiterating the prosecution story; commencement of the trial whereof is in sight and apprehended exterminating threat at his instance in the event of his release without dislodging the contentions urged.
3. In view whereof, granting the petition Muhammad Younis petitioner is allowed bail in the same terms.