Stated briefly the occurrence, whose details are given in the first informa--tion report, registered on the written complaint of Riaz Ahmad, Head Constable, at Police Station, City, Jhelum, on the 7th June, 1980, at 11-35 p .m. Took place at about 9-30 a.m., that day in the following manner. The three petitioners, Muhammad Idrees, Khalid Javed and Muhammad Jamil, along--with their co- accused, Muhammad Saleem, went from Faisalabad to Jhelum to approach the Court of Session to secure bail before arrest in a case under section 382 of the Pakistan Penal Code initiated at the instance of their rival, Raja Muhammad Afzal. That case has since been found on investigation to be false. Raja Muhammad Afzal informed Riaz Ahmad, Head Constable, about the presence of the petitioners and their co-accused in Jhelum. With the assistance of Raja Muhammad Afzal, Riaz Ahmad was able to trace the petitioners and Muhammad Saleem in Mohalla Mujahidabad, in the house of one Mg. Sughra Bibi. Riaz Ahmad put the petitioners and Muhammad Saleem under arrest. He handcuffed Muhammad Saleem and Muhammad Jamil and taking Muhammad 1drees and Khalid Javed alongwith him pro--ceeded towards Police Station, City, Jhelum. However, in the meantime Raja Muhammad Afzal, his brother, Abdul Aziz, Muhammad Asghar, Muhammad Hanif and others came over there and started thrashing Muhammad 1drees. Muhammad Idrees in retaliation started throwing pieces of stones at his assailants. Raja Muhammad Afzal and his party- men assaulted Muhammad Saleem and Muhammad Jamil, who were handcuffed. The Petitioners and Muhammad Saleem retarted and during the struggle the handcuff's broke. Khalid Javed, petitioner, is said to have secured a chhuri from the house and caused injuries to Raja Muhammad Afzal. Riaz Ahmad went to the nearby Capri Hotel to telephone his Officers in the Police Station, City, Jhelum. On his return, he found the assailants having made good their, escape.
2. Subsequently it came to light during investigation that Muhammad Ashiq, deceased and six or seven other persons, who all belonged to the party of Raja Muhammad Afzal, also appeared at the scene. The petitioners are alleged to have raised lalkara that they would teach a lesson to Muhammad Ashiq for becoming a false witness and are said to have pursued him. However, they are not slated to have caused any specific injury to Muhammad Ashiq.
3. During the investigation carried out by the local police, it transpired that Muhammad Ashiq had received injuries during the incident referred to above. The investigation was subsequently transferred to Crimes Branch. Abdul Wasey, Deputy Superintendent of Police, Crimes Branch, Punjab, Lahore, who appeared with the record stated that the Crimes Branch bad recommended registration of two cases. One at the instance of petitioner party and the other at the instance of Raja Muhammad Afzal party and that thereafter full investigation is to be undertaken. At the moment the Crimes Branch is not sure as to who caused the fatal injury to Muhammad Ashiq.
4. In view of the above circumstances, it prima facie appears that it was Raja Muhammad Afzal party who initiated aggression towards the petitioners. The petitioners cannot be branded at this stage with the blame of launching attack upon the opposite-party. The case is one of further enquiry within the purview of subsection (2) of section 497 of the Code of Criminal Procedure. The petitioners are accordingly released on bail on their furnishing security in the sum of Rs. 10,000 (Ten thousand) each with two sureties in the like amount each to the satisfaction of Assistant Commissioner and Sub-Divisional Magistrate, Jhelum,