ASLAM KHAN Versus STATE

ORDER

This, is a petition by Faiz Ahmad who alongwith his two sons is being prosecuted in a case under section 307/34, P.P.C. It is alleged by the prosecution that on 8‑10‑1988 at about 1‑30 p.m. Muhammad Yar complainant and the accused exchanged abuses on account of dispute over the water‑course. All of a sudden Muhammad Khalil accused shouted a Lalkara whereafter he and Faiz Ahmad picked up their guns lying nearby. Faiz Ahmad fired first hitting left arm of Muhammad Hussain. The second tire by Khalil Ahmad hit Muhammad Hussain on his right arm who started running to save himself. In the meanwhile Muhammad Khan accused took the gun of his father Faiz Ahmad. He chased Muhammad Hussain and fired hitting his left flank and back. Muhammad Hussain fell down. The occurrence was witnessed by Nizam as well. The three accused were arrested and are in lock‑up. This is a petition for bail only on behalf of Faiz Ahmad petitioner, father of Khalil Ahmad and Muhammad Khan accused.

2. I have heard the learned counsel appearing for the parties. The injury ascribed to Faiz Ahmad is simple in nature and not on the vital part of the body. He is aged about 70 years. I, therefore, admit Faiz Ahmad petitioner to bail keeping in view his age. He shall be released from prison on his furnishing of bail bond in the sum of Rs.30,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Okara.

H.B.T./F‑94/L Bail granted.