' Hozaifa alias Zaifa and Shah Faisal petitioners have sought their post-arrest bail in case F.I.R. No,1 of 1998 registered at Police Station Gaggo, District Vehari on 1-1-1998 on the statement of one Muhammad Wazir son of Munshi for offences under sections 302/324/148/149, P.P.C.
2. According to the F.I.R. On the fateful day at about 7-35 a.m. While the complainant along with his brothers Ghulam Farid (deceased), Liaqat Ali and his nephew Akhtar Ali were proceeding towards his land from his house reached near the house of Shaukat Ali son of Sher Muhammad he saw that Khurshid group consisting of 26 persons and Elahi Bakhsh group consisting of seven persons were exchanging firing. It is further alleged that on seeing Ghulam Farid " (deceased) Shaukat, Khurshid, Makhan, Abdul Sattar and Ismail who were armed with guns raised a Lalakara that Ghulam Nabi along with others has reached the scene of occurrence and they should also be taught a lesson.
Thereafter, Shaukat fired with his gun which hit Ghulam Nabi who had succumbed to the injuries.
3. I have heard the learned counsel for the parties and have also gone through the record.
Admittedly, both the petitioners did not cause any injury to the deceased nor any specific injury is attributed to them in the F.I.R. According to the F.I.R. Two groups were exchanging fire when they saw the complainant and his companions and the members of Khurshid group fired at the brother of the complainant who lost his life. In these circumstances the allegation against the petitioner needs further probe and inquiry within the purview of subsection (2) of section 497, Cr.P.C.
Therefore, I admit the petitioners to bail subject to their furnishing bail bonds in the sum of Rs,1,00,000 (Rupees one hundred thousand only) each with one surety each in the like amount to the satisfaction of the learned trial Court.