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Criminal Miscellaneous No. 3192/B of 1986, decided on 2nd December, 1986.

---S.498--Penal Code (XLV of 1860), S.307--Bail pre-arrest, grant of--Only ineffective firing attributed to petitioners--Held: A case of further inquiry existed in circumstances--Petitioners allowed bail.

Yusuf Ali Khan, Bar-at-Law for Petitioners.

Muhammad Rafique for the State.

In continuation of the order, dated 15-11-1986 learned counsel for the petitioner contends that Mst. Walayat Bibi had received injuries at the hands of the complainant party. In this behalf he has referred to the medico-legal report of Mst. Walayat Bibi showing the location of the wound at the back of left chest with tattooing. It is further submitted that the prosecution story is highly improbable. If all the seven persons had fired shots at the complainant party only Mst. Walayat Bibi would not have been injured and the damage would have been certainly greater. It is next submitted that no motive is attributed to the petitioners and Safdar to whom the motive is attributed and had allegedly injured Mst. Walayat Bibi was in no way connected with the petitioner. It is stated that according to the Investigating officer the distance between the house from where the petitioners and their co-accused had opened firing may be 25/30 yards. Learned counsel for the petitioners states that since it was a night occurrence it will have to be determined if the P.Ws. could witness the occurrence from such a long distance.

2. As only ineffective firing is attributed to the petitioners their case requires further inquiry. Accordingly I confirm their interim bail.

M-300/L.

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