' MAZHRUL HAQ, J.--Mian Sardar alias Mian Safdar, Mian Sardar Bakhsh and Mian Khuda Bakhsh have been convicted alongwith five others on the charges under sections 148, 302/149 and section 120-B, P. P. C. The three petitioners have been sentenced under section 120-B, P. P. C. To imprisonment for life. Each is also fined to the tune of Rs, 10,000. The appeal of the convicts is pending in this Court.
2. The occurrence in this case is the outcome of business rivalry between the Awan Express and the Supreme Avant Bus Service, the two transport companies of Khushab. The three petitioners and Sikandar Zulkarnain accused were said to have harched the conspiracy of murder. In this regard prosecution has placed reliance on the solitary statement of P. W. 8 Sultan who came in direct contact with them about four days before the occurrence when he and one Nazar (not produced) were sent for through one Fateh Muhammad (not produced). This witness claimed to have been apprised of the conspiracy by the three petitioners and Sikandar Zulkarnain. However, the last mentioned took upon himself to kill Gul Zaman, whereas P. W. Sultan and Nazar were asked to kill any one out of Pervaiz, Haji Amir, Zia-ul-Hassan and Nazur-ul-Hassan, the share-holders of the rival transport company. After thinking over the matter, Sultan and Nazar declined to help the petitioners. Later, however, they went and informed P. Ws. Haji Amir and Malik Pervaiz about the design of the accused.
3. Learned counsel for the petitioners contended that considering the case of conspiracy the trial Court observed that Sultan was a bad character, yet it placed reliance on his testimony because according to it only a bad character would be helpful in accomplishing a mission like the one with which the accused were charged. This, according to the learned counsel, did not bring credit to the witness. However, Sultan's name is not mentioned in the F. I. R. Nor in the supplementary statement of the informant. Further we find that neither Sultan nor Haji Muhammad Amir and Malik Pervaiz having come to know of the petitioner's design took any step to check them. Moreover, the investigation in this case passed many hands, and it is trial Court's finding that the investigation in this case was not above-board. Taking these facts into consideration, we are of the view that a case of bail for the petitioners is made out. We, therefore, allow bail, pending appeal, to Mian Sardar alias Mian Safdar, Mian Sardar Bakhsh and Mian Khuda Bakhsh petitioners, in the sum of Rs, 3,00,000 (Rupees three lacs) each with two sureties each in the like amount, to the satisfaction of R.
A./ Duty Magistrate, Khushab.