At the very out-set, learned counsel for the petitioner submits that he does not press this petition as far as Abid Hussain petitioner No,4 is concerned, therefore, to his extent this petition is dismissed as prayed.
2. So far as, Muhammad Hanif, Ghulam Haider and Sabir Hussain petitioners Nos,1 to 3 are concerned, learned counsel for the petitioners submits that they were armed with Sotas, no specific injury is attributed to them, that Ghulam Haider petitioner No,2 is father of Sabir Hussain and Abid Hussain accused and that he is an old man of 66/67 years of age, that they are behind the bars for the last about three months and that their case is covered by subsection 2 of section 497, Cr.P.C. requiring further inquiry into their guilt.
3. On the other hand, learned counsel for the State assisted by learned counsel for the complainant submits that petitioners are named in the F.I.R., specific roles are attributed to them, recoveries have been effected from them and their case falls within the prohibitory clause of section 497(1), Cr.P.C.
4. I have heard learned counsel for the parties. In the instant case, three persons from the side of the complainant party, namely, Ghulam Muhammad, Sarfraz and Muhammad Hussain are injured, they have got three type of injuries, that's firearm, sharp-edged and blunt weapon, the number of injuries coincide with number of accused, the offence is under sections 324/148/149, P.P.C. As far as, injury of Muhammad Afzal accused is concerned, M.L.R. has also been placed on record but in the F.I.R. it has been stated by the complainant that during the occurrence Muhammad Afzal also received injury, Ghulam Haider petitioner No,2 is father of two accused who according to learned counsel is 66/67 years of age but no proof in this regard has been placed on record and learned State counsel in this regard has stated before me that according to police record he is 68/691 years of age, he being father of two co-accused and old man of 68/69 years of age is admitted to bail subject to furnishing bail bonds to the tune of Rs,50,000 (fifty I thousand) with one surety in the like- amount to the satisfaction of trial Court.
5. As far as, Muhammad Hanif and Sabir Hussain petitioners Nos,1 and 3 are concerned, this petition is dismissed.