' The petitioner is involved in a case F.I.R. No,330 of 1997, dated 28-10-1997 for an offence under section 302/34, P.P.C. Registered at Police Station Chak Baidi, District Pakpattan Sharif, on the complaint of Zulfiqar Ali alleging that he was employed in the Army and had come to home on two months' leave. His brother Farman Ali had cultivated cotton crop having taken 4 Kanals land from Ghulam Mustafa on lease in Chak No,24/SP. On the day of occurrence in the morning complainant alongwith Farman Ali, Muhammad Hussain and Mst. Jaffari Begum wife of Farman Ali had gone out to pick the cotton flowers. Mst. Jaffri Begum and Muhammad Hussain started picking the cotton crop while Farman Ali was on the northern boundary of the field. At about 2-00 p.m., suddenly Abdul Sattar, Khilafat Ali (petitioner), Tasawar Ali and Iftikhar sons of Abdul Sattar, caste Rajput, resident of Chak No,24/SP, Tehsil and District Pakpattan Sharif, all the four armed with .12 bore guns came from the eastern side. Abdul Sattar raised Lalkara to his said sons that Farman Ali should not go unescaped. Tasawar Ali, fired from his gun which hit Farman Ail at his head. Second fire was hit by Khilafat Ali at his back. Abdul Sattar fired from his gun which hit Farman Ali at his head. Iftikhar Ahmad fired from his gun which hit Farman Ali at his back who fell down. The complainant and the P.Ws. Raised noise and stepped forward to rescue Farman Ali whereupon the accused raised Lalkara that if any-one came near him he would be done to death. As the complainant party was empty-handed they could not go near Farman Ali and beseached the accused and the accused went to their houses alongwith their weapons. Farman Ali died on the spot.
2. The petitioner applied for bail after arrest which was dismissed by the learned Additional Sessions Judge, Pakpattan Sharif, on 29-8-1998. One of the co-accused namely.Abdul Sattar died in Jail during the pendency of the case. Co-accused Tasawar Ail and the present petitioner had moved the petition for grant of bail bearing Criminal Miscellaneous No,1545-B of 1998, but the same as withdrawn on 2-9-1998. Co-accused Iftikhar Ahmad was granted bail vide Criminal Miscellaneous No, 319-B of 1998 on 23-6-1998 and co-accused Tasawar Ali was granted bail vide Criminal Miscellaneous No,1658-B of 1998 on 24-9-1998 by this Court.
3. The petitioner seeks bail on the ground that he is innocent and was falsely involved in this case and that Zimini No,6, dated 17-11-1997 and Zimini No,12, dated 24-11-1997 concluded during the investigation that at the time of occurrence Abdul Sattar was standing at his tubewell and Iftikhtar Ahmad had gone to Chak No,44/2-L and the petitioner was beaten by Zulfiqar Ali who went to his home and brought the gun and Zulfiqar, Farman and Muhammad Hussain came at the spot having been armed and firstly Zulfiqar Ali and Farman fired at the petitioner who in his defence injured Farman Ali and that Abdul Sattar, Iftikhar Ahmed and Tasawar Ali were found innocent and their presence at the spot had not been proved. The same was the conclusion in Zimini No,12, dated 24-11-1997 with the addition that the respectable of the parties were unanimous to the fact that Abdul Sattar, Iftikhar Ahmad and Tasawar were not present at the spot and that this has made the case of further inquiry. It is further submitted that the trial against the petitioner has not so far been commenced and final decision shall take a long time.
4. According to the Medico-Legal Report, the deceased received ten injuries and injuries Nos.1, 2 and 3 were self-sufficient to cause death in ordinary course of nature. Injury No,2 on the left side of forehead and Injury No,4 is on the occipital.
5. Injury attributed to Khilafat Ali (petitioner) is at the back of the deceased and was not declared fatal.
6. The learned counsel for the petitioner has greatly stressed that the tentative assessment of all these factor should not be ignored at bail stage.
7. The learned counsel for the State has vehemently opposed the bail application and stated that the presence and the actual firing even if it was not fatal is a circumstance due to which bail should not be granted to the petitioner.
8. I have given due consideration to the valuable arguments of both the sides. The tentative assessm ent of the police investigation especially Ziminis Nos.16 and 17, the plea of self-defence, the injury attributed to the petitioner being not fatal as per the Post-mortem Examination, the co- accused having been granted bail, the rule of consistency being applicable in this case and the matter appearing to be that of further probe, the petitioner is entitled to the grant of bail. As such, the petitioner is allowed bail subject to furnishing the bail bonds in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of the trial Court.