1. ' ALI SAIN DINO METLO, J.---Heard Messrs Habibullah Ghauri, Advocate for applicants and Muhammad Ismail Bhutto, State counsel. The latter has no objection to the grant of bail as the applicants were found innocent in the investigation of the police and one man,namely, Rajib from the side of the applicants was also killed by thelA complainant party on the same day, place and time.
2. ' The allegation against the applicants is that on 5-6-2006, at about 1500 hours, at village Sarang Khuhawar, they along with co-accused Rasheed and absconding accused Ghulam Sarwar at the instigation of deceased Rajib killed complainant Habibullah's brother Ali Muhammad by making fires at him. The incident was witnessed by complainant Habibullah and two sons of the deceased, namely, Muhammad Soomer and Fayyaz. The matter was reported to police and the first information report (F.I.R.) was recorded at Police Station Mahi Makol on the same day at 1600 hours.
3. ' Another Report bearing No, 19 of 2006, was also registered at the same police station on the same day at 1630 hours, under the complainant-ship of Mst. Husna Parveen sister of applicant Ayaz according to which the above-said Rajib father of applicant Dilawar was burnt alive by complainant Habibullah, his sons Bahadur and Ismail, deceased Ali Muhammad, his sons Muhammad Soomar and Fayyaz, Muhammad Unis, Nazir and Shafi Muhammad, further stating that deceased Ali Muhammad was killed by the fires made by the complainant party of his case upon deceased Rajib but the fires instead of hitting him hit their own man Ali Muhammad who had grappled with him. It was thereafter that they alleged burnt Rajib alive.
4. ' In the investigation of police the applicants and Ghulam Samar brother of applicant Ayaz were found innocent and only co-accused Rasheed was sent up with the charge-sheet.
5. ' Similarly from the side of the complainant party of this case four persons, namely complainant Habibullah, his son Ismail, Muhammad Unis and Shafi Muhammad were found innocent while deceased Ali Muhammad's son of Fayyaz and Nazir Ahmed were sent up with charge-sheet showing deceased's another son Muhammad Soomar (eye-witness of this case) and complainant's son Baharo as absconders.
6. ' It seems that in both the cases Magistrate taking cognizance issued, warrants against all the persons found innocent by police including the present applicants. They surrendered before the Trial Court and were remanded to custody on 15-9-2006. Their plea for bail was rejected on the ground that they were implicated by the eye-witnesses.
7. ' The perusal of police papers shows that police had found the applicants innocent and exonerated them on the basis of statements of five independent persons, namely, Muhammad Saddique, Arbab Ali, Khalid Hussain, Ali Khan and Shamasuddin, in the background of enmity and committing murders of each other, statements and version of theparties cannot be taken as gospel truth and some weight will have to be given to the finding of the investigating officer based upon evidence of independent persons.
8. ' In view of the above-mentioned over all facts and circumstances, the case of the applicants requires further enquiry as contemplated by section 497(2) of the Code of Criminal Procedure and, therefore, they are admitted to bail each in the sum of Rs,300,000 (Rupees three lac) with one surety and personal bond in the like amount to the satisfaction of the Trial Court.