MIAN MUHAMMAD NAJAM-UZ-ZAMAN, J.- The-petitioners seek the grant of bail in case FIR No. 437, dated 13.8.1999 registered under Sections 148/302/149, PPG at Police Station, Phoolnagar, District Kasur.
2. The story of the prosecution as penned in the FIR is that on the night between 12/13-8-2000 son of the petitioner namely Iftikhar Ahmad accompanied Yahya and Riaz who were to go to Phoolnagar for some personal work. In the morning the complainant was informed by Muhammad Ashraf and Maqbool P.Ws. That on the last night at about 11.00 p.m. In the area of Mauza Parnawan they saw Yahya armed with pistol, Riaz armed with pistol, Manzoor Ahmad petitioner, Arshad accused and Abdul Ghafoor petitioner armed with fire-arms were quarrelling with Iftikhar (son of the complainant). The witnesses heard them saying to Iftikhar Ahmad that their grand-father was murdered by him and at that time he was not taken to task and today they would not spare him and at the same moment Yahya made two fires with his pistol which hit Iftikhar on his chest and left shoulder. Riaz fired hitting Iftikhar on his arm. Abdul Ghafoor petitioner alongwith Arshad fired with their fire-arms which caused injuries to Iftikhar on his right shin, thigh and finger of right hand.
Thereafter, the accused decarpped from the scene of crime.
3. The bail application of the petitioner was dismissed by the learned Addl. Sessions Judge, Pattoki vide order dated 4.1.2000. Hence the instant petition.
4. Learned counsel for the petitioners submits that during investigation nothing was recovered from the petitioners and both of them were declared innocent by the police. It is also argued that no specific role has been attributed to Manzoor petitioner whereas Abdul Ghafoor petitioner is alleged to have caused injuries collectively with his co-accused Arshad. Thus, it is difficult to say as to which specific injury was caused by the petitioners and this fact itself brings the case of the petitioner within the- ambit of further inquiry. Conversely, learned counsel for the State has opposed the grant of bail to the petitioner.
5. I have heard the learned counsel for the parties and perused the record. The bare perusal of the FIR shows that Manzoor Ahmad petitioner did not cause any injury to the deceased. During investigation he was found innocent and nothing was recovered from his possession. It is also clear from the record that Manzoor Ahmad petitioner is father of Yahya accused who played the vital role in the occurrence. In these circumstances the case to the extent of Manzoor petitioner requires further inquiry entitling him to the concession of bail. Accordingly, the instant petition is allowed to his extent and Manzoor Ahmad petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs. 100,000/- (rupees one lac) with one surety in the like amount to the satisfaction of the learned trial Court.
6. As far as Abdul Ghafoor petitioner is concerned, his case is distinguishable to that of his co- accused Manzoor Ahmad. He is named in the FIR with a specific role of causing injuries to the deceased and this fact is also supported by the medical evidence. Accordingly to his extent the instant petition stands dismissed.