Salamat Ali and Muhammad Nawaz have applied for bail after arrest in a case under Sections 468, 471, 419 420, P.P.C. registered with Kot Sultan Police District Layyah vide F.I.R. No, 261/2003.
There is another application for bail moved on behalf of Muhammad Mansha (Crl. Misc. # 2153- B/2004) arising out of the same F.I.R., which I intend to dispose of through this order.
2; On 21.10.2003 a case under Sections 302, 109, 324, 120, read with Section 34, P.P.C. was registered at Police Station Chowk Azam District Layyah vide FIR No, 304/2003 in which Muhammad Arif son of Allah Ditta was cited as the principal accused. During the investigation of this case, it transpired that on 16.10.2003 FIR No, 247 was registered at Police Station Kot Sultan District Layyah at the instance of Waris for causing damage to the standing crops and in this case Muhammad. Aleem son of Nawaz Din got himself arrested and lodged in jail for Muhammad Arif in order to fabricate the plea of alibi of Muhammad Arif in case FIR No, 304/2003 registered at Police Station Chowk Azam District Layyah.
3. I have heard the learned counsel for the parties and have perused the record. The petitioners were cited as PWs in the case registered at Police Station Kot Sultan vide FIR No, 247 dated 16.10.2003. It is yet to be established whether they themselves opted to become witness in complicity with Nawab Din and his two sons or they had been cited as PWs in the said A FIR at their back. They have also been acquitted in the murder case in which they were charged for having conspired the offence. Considering it a fit case for further probe and inquiry I accept both the petitions and enlarge the Petitioners on bail, subject to furnishing bail bond in the sum of Rupees Thirty Thousand each with one surety each in the like amount to the satisfaction of the trial Court.