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Criminal Petition for Leave to Appeal No. 136 of 1983, decided on 13th April, 1983.

(On appeal from the judgment and order of the; Lahore High Court, dated 3‑4‑1983 Cr. M. 801/B/83).

----S. 497‑Penal Code (XLV of 1860), S. 307/325 read with S. 148/ 149‑Bail‑F. I. R. charging 12 persons out of whom 2 were allegedly armed with single barrel and double barrel guns respectively while rest of accused armed with hatchets and sticks causing injuries to complainant‑Medical evidence on record not showing any gunshot injury sustained by prosecution witnesses alleged to have been shot by two accused allegedly armed with guns nor showing any sharp‑edged weapon injury on body of complainant‑Accused allegedly armed with guns admitted to bail while bail to rest of accused refused, their case being not fit for grant of bail.

Talib H. Rizvi, Advocate Supreme Court and Ali Imam Naqvi, Advocate‑on‑Record for Petitioners.

Tanvir Ahmad, A. A.‑G. (Punjab) for the State.

Date of hearing : 13th April, 1983.

Petitioners were charged by the complainant Muhammad Mushtaq under section 307/325 read with sec tion i48/149, P. P. C. on the allegation that they, while armed with guns, kulharis, hatchets and dangs attacked and caused injuries to the complainant side. Petitioners applied for bail before arrest in the Court of Sessions which was rejected vide order, dated 29‑3‑1983. They then moved Criminal Miscellaneous 1‑B‑1983 for bail which was also rejected by a learned Single Judge of. the Lahore High Court vide the impugned order dated 3‑4‑1983.

2. Learned counsel for. the petitioners contended that in the F. I. R. lodged by the complainant Muhammad Mushtaq 12 persons were charged out of whom Abdul Sattar and Muhammad Ajmal were allegedly armed with single barrel and double barrel guns respectively while the rest of the accused/petitioners having armed themselves with hatchets and sticks, an caused injuries to Muhammad Hanif uncle of the complainant and Abdul Sattar fired at Ejaz, brother of the complainant but the medical evidence placed on the record shows that no gun shot injury was sustained by Hanif and Ejaz; P. Ws. Similarly, the other petitioners have been charged for giving hatchet blows to some of the witnesses but this fact is also not supported by the medical evidence as no sharp‑edged weapon injury is found on the witnesses. We have considered the contentions raised by the learned counsel and would admit only Abdul Sattar and Muhammad Ajmal to bail in the sung of Rs. 5,000 (rupees five thousand only) and with two sureties for the like amount to the satisfaction of the Ilaqa Magistrate, Khanqa Dogran, District Sheikhupura. The case of the rest of the accused/petitioners is not fit for the grant of bail and is accordingly rejected.

Order accordingly.

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