' This is an application for bail on behalf of Shafia and Muhammad Abbas, petitioners in a case under section, 302/148/149, P. P. C. Registered at Police Station Qabuia, vide F. I. R. No, 13/81, dated 12th February, 1981.
2. The prosecution case is that the petitioners alongwith 9 others in furtherance of their common object caused the death of Shah Sarwar on 11th February, 1981 at 5-30 p. m. In the area of village Mahant Darshan.
' As for the petitioners it has been alleged that they were armed with hatchets at the time of the occurrence and that they caught hold of Shah Sarwar when he had fallen on the ground after having received several injuries and as such facilitated Muhammad Shafi co-accused to inflict injuries on the neck of the deceased.
3. Learned counsel for the petitioners contends that there are no reasonable grounds for believing that the petitioners have committed an offence punishable under section 302/149, P. P. C. And that the story of the prosecution is improbable. There is delay of 11 hours in lodging the F.
1. R. There is no motive against the petitioner and that the main accused are on bail.
' As against this the learned State counsel assisted by the learned counsel for the complainant has vehemently opposed this application and contended that section 149, P. P. C. Stands clearly attracted to the case of the petitioners. He further submits that the two petitioners produced blood-stained hatchets and the police got removed their blood-stained clothes.
4. After hearing the learned counsel for the parties, and as stated by Muhammad Manzoor A. S.-L 1 find that at one stage the accused other than the petitioners were declared innocent but thereafter, the investigating olBccr, 1. c. D. S. P. Vehari, has found the version of the prosecution as given in the F. I. R. a correct version of the occurrence ; that the nine accused persons other than the petitioners were, in fact, never placed in column No, 2 of the challan, and that so far no complete or incomplete challan has been submitted in Court although the challan has been prepared by the S. H. O. P. S. Qabula on the direction of the D. S. P. Wherein 11 accused persons have been placed in column No,
3. In this view of the matter. I am of the opinion, that at this stage it would be proper to decide the question of the bail in the light of the allegations in the F. I. R. And the statements of the prosecution witnesses irrespective of the opinion of the police.
5. Although, the petitioners were armed with hatchets yet they did not cause any injury to the deceased and the part attributed to them is that they had caught hold of the deceased when he fell on the ground after receiving four injuries by the co-accused. Be that as it may, the fact remains there that the petitioners who were armed with hatchets did not cause any injury to the deceased and as such the matter requires further inquiry. The petitioners are allowed bail subject to their furnishing bail bonds in the sum of Rs, 20,000 (Rupees twenty thousand) each with one surety each in the like amount to the satisfaction of the Assistant Commissioner/Duty Magisti ate, Sahiwal.