The petitioner is involved in case F. I. R. No. 102, dated "7th June, 1981 alongwith three others for committing murder of two ladies namely, Mst. Anwar Bibi and her daughter Mst. Munawar Sultana.
On 27th June, 1981 in village Sukha Ladhhoka, Police Station Manak Heera Singh.
2. Muhammad Amin complainant (father of Mst. Munwar Suitam., and husband of Mst: Anwar Bibi) had a dispute over the marriage o; Mst. Munawar Sultana (deceased) with his son Khushi Muhammad Khushi Muhammad wanted that Mst. Munawar Sultana in whose nam--51 Acres of land had been mutated by the complainant, should be marries to Iqbal, petitioner, but disagreeing with the proposal of his son, the --complainant betrothed Mst. Munawar Sultana to one Saif-ul- Malook This annoyed Khushi Muhammad .And his family.
3. On the day of occurrence, Muhammad Aslam son of Khushi Muhammad armed with pistol; 1qbal petitioner armed with a -12 bore gun and Asif and Usman both armed with sticks raided the house of Muhammad Amin, complainant and attacked the two deceased ladies. Muhammad Aslam, co- accused. Allegedly fired at Mst. Munawar Sultana while Iqbal, petitioner, had fired a shot at Mst.
Anwar Bibi. Both the ladies were hit fatally and succumbed to their injuries at the spot. The occurrence was witnessed by Nazar Muhammad, Ghulam Nabi and Saiful Malook, a fiance of Mst.
Munawar Sultana (deceased). All the accused persons were arrested including the petitioner.
4. Asif and Usman, co-accused of the petitioner, have been admitted to bail by the Additional Sessions Judge, Sahiwal. Iqbal, petitioner, also moved a bail petition before the Additional Sessions Judge but it was declined on 17th February, 1982, therefore, he has approached this Court.
5. I have heard learned counsel for the petitioner and for the State as well and also seen the record which has been brought by Dur Muhammad Mumtaz A. S. I., Police Station Mandi Heera Singh.
6. The fact that the two ladies met un-natural death is not disputed. It is also admitted that they died of fire-arm injuries. Learned counsel for the petitioner has contended that the petitioner had appeared in matriculation examination last year and is a raw youth who did not take part in the occurrence at all, and almost all the residents, big and small, and the notables of village Sukha Ladhhoka and also persons from the surrounding villages had appeared during the investigation and established the innocence of the petitioner. D. .S. P. Circle Depalpur himself investigated the case at the spot on 8th July, 1981 and 9th July, 1981 before whom a large number of notables of village Sukha Lddhoka and of the surrounding villages had appeared and deposed about the innocence of Iqbal, petitioner. The aforesaid D. S. P., also entertained doubts about the correctness of the version of the complainant and about participation of the petitioner in the occurrence and expressed so in his participation However, he did not clearly declare him as innocent. --.Weapon of offence has been recovered only from Muhammad Aslam, co-accused, but no weapon of offence has been recovered from the petitioner. However, subsequently, the prosecution story was changed to show that the petitioner had left his gun at the spot which was picked up and produced by Ghulam Nabi P. W., before the Investigating Officer. It is noteworthy that the important fact does not find mention in the F. I. R. Muhammad Amin, complainant, when asked by the notables of the Ilaqa and elders of the family to swear about the correctness of the story,' he declined to do so, in the presence of the D. S. P.
7. The above narration of facts has put me on guard against accepting the ips dixit of the Police. I am inclined to think, as to whether the petitioner had participated in the crime or not, does cal for further inquiry. In these circumstances, I allow this- petition. The petitioner is directed to be released on bail subject to his furnishing a bond in the sum of Rs. 50,000 (Rupees fifty thousand only) with to sureties each in the like amount, to the satisfaction of Assistant Commis--sioner, Depalpur.