' Ashraf and Manzoor who are brothers inter se have been sent up together with Ahmad alias Ahmana petitioner No, 3 to stand an inquiry under section 302/34, P. P. C. The allegation is that Ashraf was armed with a '12 bore gun, Manzoor with a carbine and Ahmana was armed with a lathi.
They attacked Khan Muhammad deceased. Manzoor fired a shot which hit the deceased on his chest. Ahmad was raising a lalkara that the complainant was still alive and that he be done to death.
2. The occurrence took place on 10th of August, 1973. The F. I. R. Was recorded on the statement of the complainant after he was admitted to the hospital for treatment. The complainant was discharged from the hospital on 21st of August, 1973. It appears that his wounds became skeptic and one Noora barber gave him three incision on 25th of September, 1973. One of them was in the middle of his right armpit. Khan died on the succeeding day.
3. According to the post-mortem report the death had occurred due to shock and excessive uncontrolled haemorrhage caused by injury No, 3 which was in the armpit. The doctor was of the opinion that the injury was sufficient in the ordinary course of nature to cause death. He also said that the weak condition of the deceased due to previous gunshot injuries had also contributed to the death.
4. The petitioners were granted bail on 3rd of September, 1973 by the Magistrate. The reason for grant of bail to Ashraf was that he was below sixteen years of age at the time of the commission of the offence. After the death of Khan, the petitioners were charged under section 302, P. P. C. Ashraf and Ahmad were arrested on 22nd of November, 1973. According to the order of the learned Sessions Judge, Manzoor was arrested some time after this date. The petitioners applied to the Sessions Court for bail and Mr. Sibtain Raza Naqvi, the learned Additional Sessions Judge, Lyallpur, refused bail to them by order dated 4th of April, 1974, on the ground that the petitioners had been named in the F. I. R. And bad been ascribed specific parts.
5. Manzoor petitioner bad moved this Court by Writ Petition No, 2226 of 1973 wherein he prayed for a declaration that proceedings against him under section 302, P. P. C. Were illegal, void and unwarranted. I dismissed this writ petition by order dated 14th' of December,. 1973, observing that the facts of the case did not warrant the issuance of the writ asked for.
6. In support of this application for bail, it is, submitted that Ashraf was a boy of less than sixteen years of age at the time of the commission of the offence and this fact has not been noticed by the learned Additional Sessions Judge. It is further submitted that uncontrolled haemorrhage which primarily caused the death of Khan Mohd. Had resulted from the incision given by Noor Muhammad barber who had been granted bail by the Sessions Court. The learned counsel also submits that all the petitioners are in jail and so far no evidence has been recorded.
7. The learned counsel for the State submits that in any case the petitioners are guilty under section 307, P. P. C. Which is punishable with imprisonment for life. Two of them, namely, Ashraf and Manzoor used their weapons and there are no reasons to grant them bail.
8. I have considered the arguments addressed at the bar. Ashraf was less than sixteen years of age at the time of the commission of the offence and the proviso to section 497 is applicable to his case. Ahmad has been attributed a lalkara only and no injury is attributed to him. I would therefore grant bail to Ashraf and Ahmad petitioners in the sum of Rs, 10,000 (Rupees ten thousands) each with one surety each in the like amount to the satisfaction of the Assistant Commissioner, Jaranwala. The bail plea of Manzoor is rejected.
9. The learned Magistrate cognizant of the case is directed to, proceed with this case expeditiously.
Manzoor may revive 'his plea of bail after some evidence is recorded.