' This is a petition under section 497, Cr.P.t. By Muhammad Aslam and Muhammad Nawaz, petitioners Nos. 1 and 2, for bail in respect of a case instituted against them and fifteen others under section 302/307/148/149/452, P.P.C. At Police Station Malikwal on 14-6-1984.
2. The prosecution case in brief is that on 14-6-1984 at 4-00 a.m. Muhammad Aslam and Muhammad Nawaz, petitioners and fifteen others co-accused, all armed with guns, trespassed into the house of Khushi Muhammad, deceased, and his brother Saroo, complainant, with the object of murdering the former. Nazar Muhammad, Muhammad Anwar, Umra, Khizra son of Umra and Bahu, co-accused, climbed on top of the eastern roof. Out of the remaining assailants, including the two petitioners, some went towards the courtyard, whereas some went towards the northern side of the Dera. Thereafter, Muhammad Anwar, co-accused, fired at Khushi Muhammad, deceased which hit him. Umra, co-accused, also fired at the deceased, which hit him. Khizra son of Umra, Akram son of Har, Sikandar Hayat Khizar son of Shera, co-accused, all fired at Sardar, which hit him on various parts of his body. When Sardara P.W. Tried to run, at that time Nazar, co- accused, fired at him, which shot hit his back. The remaining co-accused and the petitioners are alleged to have raised Lalkaras and to have fired ineffectively.
3. I have heard the arguments of the learned counsel for the petitioners and the State and have also perused the record. Twelve accused were found to be innocent by the police, whose names were placed in column No,2 of the challan. These persons were granted bail by this Court on 10-12- 1984 in Criminal Miscellaneous 3283-B of 1984. Amongst the said twelve co-accused granted bail, Nazar Muhammad and Muhammad Anwar also stand included, who were alleged to have fired at Sardar Muhammad P.W. And at Khushi Muhammad, deceased. Muhammad1 Aslam and Muhammad Nawaz, petitioners, are the two persons who were either present in the courtyard or near the northern side of the Dera and who are alleged to have resorted to ineffective firing. Of the thirteen crime empties recovered at the spot, none was found to match with the gun recovered from Muhammad Aslam, petitioner No,1. The gun recovered from Muhammad Nawaz, petitioner No,2, was found not in working order. Since a large number of assailants have been found innocent, the question whether Muhammad Aslam and Muhammad Nawaz, petitioners, were present at the spot and, if so, did participate in the occurrence, is one which call for further inquiry.
4. For the foregoing reasons, this petition is accepted and Muhammad Aslam and Muhammad Nawaz, petitioners Nos. 1 and 2, are released on bail, subject to their furnishing security in the sum of Rupees thirty thousand (Rs,30,000) each with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Mandi Bahauddin.
5. The prayer for bail of Bahoo, Khizar Hayat and Umra, petitioners, Nos. 3 to 5, was dismissed in limine by this Court on 28-4-1985. They are not granted bail.