1. The allegations as per F.I.R. are that on 15-5-2002 the complainant Muhammad Ramzan, his brother Muhammad Bux and uncle Muhammad Khan and cousin Bashir Ahmed went for cutting bushes from their lands. At 8-00 a.m. they were attacked by 14 persons armed with deadly fire- arms such as Kalashnikovs, rifles and guns etc. On the instigation of Rind, accused GuI Muhammad son of Ghulamullah and Kazim fired direct shots from Kalashnikovs at Muhammad Bux, which hit him and he fell down. The others made fires in the air. Muhammad Bux died on the spot. The villagers on hearing fire-arm reports rushed to the scene and assailants went away.
2. I have heard Mr. Jai Jai Veshno Mange Ram, learned counsel for applicants and Mr. Syed Mehboob Ali Shah, learned counsel for State; the latter has no objection to grant of bail.
3. Learned counsel contended that the act of making direct fires from Kalashnikovs is alleged against Gul Muhammad son of Ghulamullah and one Kazim, who are accused Nos.8 and 2 respectively in the F.I.R. Whereas the name of accused is mentioned at Sr. No,14 in the F.I.R. He further submits that the only allegation against the applicants is of their presence with fire-arms and making fires in the air. Learned State Counsel concedes that their vicarious liability is yet to be ascertained.
4. From the material on record, it appears that the fatal shots are not attributed to the applicants and only on account of their presence and making fires in the air, their vicarious liability would call for further inquiry. The application for bail is, therefore, allowed. The applicants be released on furnishing one surety in the sum of Rs, Three lacs each and P.R. Bond in the like amount, to the satisfaction of the trial Court.