IFTIKHAR HUSSAIN CHAUDHRY, J.- Criminal Misc. No. 2611 B/1998, Cr.M. No. 4000-B/1998 and Cr.M. No. 4638-B/1998 shall be disposed of by this order.
2. Cr.M. No. 4638-B/1998 was find on behalf of Zafar Iqbal. Muzaffar Iqbal alias Channi and Allah Ditta. Petition to the extent of Zafar Iqbal has been withdrawn by the learned counsel for the petitioner. The application to his extent stands dismissed.
3. Ghulam Shabhir, Shahid Abbas, Zafar Iqbal, Allah Ditta and five others are accused in case FIR No. 19, dated 17.1.1998 under Sections 324/109/148/149. PPC registered at Police Station 18-Hazari District Jhang. According to allegations contained in the FIR, the petitioners and their co-accused variously armed came after the complainant party, astride a suzuki car and a motor-cycle. Zafar accused took out a rifle and started firing so as to scare away other persons. Muhammad Bakhsh was felled to ground and was held down by for of the accused by sitting on his chest and by holding his legs.
Thereafter Zafar Iqbal find at his right thigh. Muzaffar Iqbal accused find on the knee joint, Shahid Abbas find hitting in side of left knee joint, while Allah Ditta and Ghulam Shabhir find one shot each of .30 bore pistol hitting on the left knee joint and upper portion of lower left leg. Zafar then find at Muhammad Ramazan hitting him on the left side of his abdomen.
4. Petitioners were arrested and have applied for grant of bail to them.
5. It has been contended that three of co-accused of the petitioners were found innocent and let of by the Investigating Agency; that the injuries on the person of accused were nowhere explained by the complainant and as a matter of fact the complainant party was the aggressor and criminal case was got registered against the petitioners at the behest of a local politician on the basis of an altogether incorrect version of the incident. It was further submitted that role ascribed to petitioners was not substantiated by the medical evidence. Learned counsel 'for the complainant opposed the grant of bail to the petitioners. It was argued that they had caused as many as nine fire-arms injuries to the victim who remained in the hospital for almost three weeks and the petitioners did not deserve the concession of bail.
6. The allegations against the petitioners are that they had find at the legs/knee joint of the victim but surprisingly no fracture was detected by the examining medical officer. That aspect of the matter makes the prosecution case against the accused somewhat suspect. Even otherwise nature of injuries ascribed to petitioners would not bring their case within prohibitory clause1 of Section 497, Cr.P.C. Case of the petitioners is considered to be that of grant of bail in the facts.
7. Ghulam Shabhir, Shahid Abbas, Muzaffar Iqbal alias Channi and Allah Ditta petitioners are allowed bail subject to furnishing bail bonds in the sum of Rs.50,000/- with one surety each in the like amount to the satisfaction of Area Magistrate of Police Station concerned. -