' MUHAMMAD SADIQ LEGHARI, J . ---1 . Dismissed as infructuous.
2. Exemption granted subject to all just exceptions.
3. Prosecution case is that a row over the keeping of a hedge by complainant Yar Muhammad Bhand and Zulfiqar, one of the applicant's co-accused, was going on, as the latter wanted the hedge to be removed. It is alleged that during night intervening 25th and 26th April, 2005 complainant Yar Muhammad, his son Ali Murad and cousin Sono .Khan were sleeping inside their house surrounded by a hedge. They saw four persons, out of whom two had guns and two were carrying fire-sticks. Those two had shown torch to the surrounding hedge within the sight of the above-said P.Ws. It is said that when the eomplaintant and P.Ws. Tried to prevent the culprits, Zulfiqar and one unknown person threatened them of death. The persons having shown torch to the hedge were identified as applicant Muhammad Amin and other co-accused Allanditto.
' The F.I.R. Was lodged at 2-00 a.m. On 26-4-2005, after investigation the Investigating Officer submitted report under section 173, Cr.P.C. Declaring the case to be false, however, the concerned Judicial Magistrate did not agree with him and issued direction for submission of challan. After receiving the challan the case was sent to the Court of Session.
' Bail plea of the applicant was turned down by order dated 3-6-2005.
Heard arguments. The P.Ws claimed to have first identified the persons in the light of electric bulb, but the Mashirnama of Wardat does not indicate presence of any bulb outside the hedge. Also the Investigating Officer came to the conclusion that the case was false. In view of these facts and the strained relations in the background the applicant has a case for bail. . He shall be released on furnishing surety in the sum of Rs,50,000 with P.R. Bond in the like amount to the satisfaction of the learned trial Court.