' This order will dispose of Criminal Miscellaneous No.334-B of2003 (Muhammad Anar v. State) and No.374-B/2003 (Iftikhar Ahmad v. State) as both are outcome of the same F.I.R.
2. Muhammad Anar and Iftikhar Ahmad sons of Nadir Khan have approached this Court for grant of after arrest bail in case F.I.R. No.161 of 2002, dated 16-6-2002, under sections 302/324/148/149, P.P.C. Registered with Police Station Phalia, District Mandi Bahauddin Din.
3. The allegation against the petitioners is that they while armed with guns and the co-accused Nazir armed with rifle 7MM and the other co-accused armed with their respective weapons waylaid and launched attack at the complainant party and Nazir, co-accused fired from his rifle 7MM at Afzal who succumbed to the injury.
4. The petitioners were arrested and during the investigation a gun was recovered from Muhammad Anar, petitioner while nothing was recovered from the possession of Iftikhar Ahmad, petitioner.
5. Learned counsel for the petitioner and for the State have been heard exhaustively and record has been perused.
6. The petitioners were although stated to be armed with fire-arms but from Iftikhar Ahmad, petitioner weapon of offence has not been recovered while gun was recovered from Muhammad Anar but he has not caused any injury to the deceased or any P. Ws. Although the trial has commenced but as per the allegations both the petitioners neither have any motive nor they have been attributed any active role, therefore, mere commencement of the trial is no ground to refuse the bail if otherwise the case is made out, so both the petitioners are admitted to bail subject to their further Ashing bail bonds in the sum of Rs.50,000 each with two sureties cach n the like amount to the satisfaction of the Trial Court.