' KHAWAJA MUHAMMAD SHARIF, J.---Occurrence in this case had taken place on 5-1-2006 at 10-00 a.m. While the matter was reported to the police on the same day at 11-00 a.m. By Maqbool Hussain complainant. Allegation against the petitioners was that Akhtar Muhammad petitioner, who was empty-handed, firstly raised "Lalkara" and then caught hold the deceased from his collar and thereafter, Shah Barat petitioner. who was armed with "Sota" pressed the testical of the deceased, who fell down and died at the spot, thereafter, post-mortem examination on the dead body of the deceased, who was 70 years of age, was conducted, which shows that there was no mark of violence seen on any part of the body of the deceased, which belies the prosecution case.
2. Learned counsel for the complainant has submitted Photostat copy of the report of Bacteriologist Government of the Punjab, Health Department, which is reproduced below:-- ' "Received heart without fixative. The submitted specimen was found totally autolysed on gross that no histological sections could be taken hence no opinion can be expressed."
3. The above said report shows that no opinion can be expressed, in this case. As no mark of violence on any part of the body of the deceased has been seen, so it belies the prosecution case.
In this view of the matter, a case of further inquiry, falling under sub-clause (2) of section 497, Cr.P.C. Is made out in favour of the petitioner, therefore, this petition is accepted. Petitioners are allowed bail subject to furnishing bail bonds to the tune of Rs,1,00,000 (one lac) each with two sureties each in the like-amount to the satisfaction of Deputy Registrar (Judi.) of this Court.-