This is a petition under section 497/498, Cr.P.C. By Akram and Yara, petitioners, for bail in respect of a case instituted against them and five others under section 302/1491148, P.P.C. At Police Station Sukheki, on 24-1-1986.
2. The prosecution ease in brief is that Akram and Yara. Petitioners, alongwith Muhammad Aslam, Mehndi, Shera, Sultan and Inayat, co-accused, all armed with guns, fired at and mortally wounded Moonda and Shana, deceased.
3. During investigation, Akram and Yara, petitioners, and Mehndi, Shera and Inayat co-accused, were found innocent and their names were placed in column No. 2 of the challan. Learned counsel for the State submits that the challan is ready for submission to the Court of the Illaqa Magistrate.
4. I have heard the arguments of the learned counsel for the petitioners and the State and have also perused the police record. It appears that Akram and Yara, petitioners, and three others, have been found innocent by the police in two separate investigations, the first, conducted by Fazal Hussain S.I. S.H.O. And the second, conducted by Ghulam Muhammad Kaliar, D.S.P. Hafizabad.
According to the police record, Akram, petitioner, who was reader to Ziledar, Sukheki, was on the date -and time of incident working in his office, which fact is supported by the statements of Kustafa, Patwari, and Ashiq, Patwari whose statements have been recorded by the police. With regard to Yara, petitioner, who resided at village Majawaranwali, which is 30/35 miles away from the place of occurrence, a large number of villagers of the said village, including Haji Nazir Ahmad, Ghulam Ali, Amir, Sarang, Haji Muhammad, Muhammad Ahmad, Muhammad Hayat, Hasta and Salabat, have made statements before the police showing that the said petitioner was in their village on the date and time of occurrence. In these circumstances, the question whether Akram and Yara, petitioners were present at the spot and did participate in the occurrence, as alleged, calls for further inquiry. Presently, there are no unequivocal circumstances which show that these two petitioners can be reasonably said to have committed the offences imputed to them.
5. For the foregoing reasons, this petition is accepted and Akram and Yara, petitioners are released on bail, subject to their furnishing security in the sum of Rs. Thirty Thousand (Rs.30,000) each with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Hafizabad.