' I have been taken through the F. I. R. Of this case. Even according to the prosecution, the petitioner was not present at the spot. It was alleged by Mukhtar that murder of Sal Muhammad had been committed as a result of conspiracy hatched by Anar petitioner.
2. The learned counsel for the petitioner contends that the petitioner was operated upon in Civil Hospital, Phalia, on 17th September, 1983 for kidney and he remained in hospital till 4th October, 1983 ; that the petitioner was found innocent during the investigation of the case and at one time his name was shown in column No, 2 of the challan.
3. There is only passing remark in the F. I. R. That Sai Muhammad was done to death as a result of conspiracy of Anar petitioner. The names of the witnesses, who heard the petitioner conspiring with the co-accused, are not mentioned in the F. I. R. Three witnesses had made statements twelve days after the occurrence. Since the petitioner was found innocent during the investigation of the case and he was not stated to be present a the time of occurrence, I admit him to bail in the sum of Rupees twenty thousand with two sureties in the like amount to the satisfaction of Assistant Commissioner Gujrat.