' Petitioners seek their post-arrest bail in case F.I.R. No, 88 of 1998, dated 15-3-1998 registered under section 324/148/ 149, P.P.C. At Police Station Badami Bagh, Lahore.
2. Precise allegation against the petitioners as alleged in the F.I.R., is that they along with twelve other persons came at the spot and made indiscriminate firing with the result of which Wan Ali, Muhammad Shahid, Muhammad Azim, Zulfiqar Ali, Muhammad Imran, Fazal Hussain, Toqeer Hussain, Ameer Ali, Muhammad Hancef and one lady, namely, Mst. Zeenat Bibi received injuries.
3. Learned counsel for the petitioners submits that actually it was complainant party who was aggressor. Malik Lateef along with 20/25 other persons, being armed with deadly weapons, raided the house of Naseeb Jan on 15-3-1998. All the accused started firing, resultantly Mst. Zeenat Bibi wife of Muhammad Akhtar received injuries due to this indiscriminate firing, some passersby of the street also received injuries, thus, submits that it is a case of counter-version and it is yet to be determined by the learned trial Court as to which party was aggressor. Further, submits that no specific injury has been attributed to the petitioners, thus, prays that the petitioner should be released on bail.
4. Learned counsel appearing on behalf of the State has vehemently opposed the grant of bail and submits that during the investigation conducted by D.S.P., City, Headquarter, Lahore, it was found that initial firing was started by the complainant party and then the firing was started from both the sides. Further submits, that case against Malik Lateef and others has also been registered in which Malik Lateef is absconder and has not yet been arrested.
5. I have heard both the counsel for the parties and gone through the record of this case minutely.
6. No doubt, petitioners are named in the F.1.R. And specific role of making indiscriminate firing along with other co-accused has been attributed to them. During the investigation conducted by D.S.P. City, Headquarter, Lahore, it has transpired that actually the complainant party being armed with fire-arms had come at the spot and initiated firing, thus, cross-firing started from both the sides which resulted injuries on the numerous persons including Mst. Zeenat Bibi.
7. Facts of the case show that it is a case of two versions arising from the sane incident; one is given by the complainant party and the other is given by the opposite-party which is also supported by the Investigation Agency. In such-like situations, it is settled law that bail is granted on the ground of further inquiry as contemplated under section 497, subsection (2), Cr.P.C. In such cases, normally bail is granted on ground of further inquiry for the reason that question as to which version is correct is to be decided by the learned trial Court which is supposed to record evidence and also appraise the same in order to come to final conclusion in this regard.
8. Keeping in view the facts of the case, I am of the opinion that the petitioners have made out a good case for enlargement on bail. I, therefore, adroit both the petitioners to bail subject to furnishing bail bends to the tune of Rs,50,000 (fifty thousand) each with two sureties each in the like amount to the satisfaction of learned trial Court.