This is an application for bail on behalf of Muhammad Yar and Muhammad Yar son of Ahmad khan petitioners in a case under section 302/34, P.P.C. Registered at P.S. Shehr Farid, vide F.I.R. No. 38/84, dated 31-5-1984.
2. The prosecution case is that the petitioners in furtherance of their common intention caused the death of Mst. Sahibzadi on 31-5-1984 in the area of Village Dangi Balochan of P.S.Shehr Farid.
3. Learned counsel for the petitioner submits that all eye-witnesses including brother and husband of the deceased have sworn affidavits exonerating the petitioners from the commission of the crime.
Conversely, the learned counsel for the State has opposed the plea for bail of the petitioners on the ground that the compromise having been effected between the parties, the witnesses have, in fact, resiled from their true statements.
3. I have considered the arguments advanced by the learned counsel for the parties with care. I find that Muhammad Nawaz, brother of the deceased, lodged report at police station alleging that .The petitioners had caused the death of Mst. Sahibzadi at 3-00 -a.m. On 31-5-1984 and that the occurrence was witnessed by him, Ghulam Muhammad. Qadir Bakhsh and Sher Khan P.Ws. All the four witnesses including Muhammad Nawaz complainant and Ghulam Muhammad husband of the deceased have sworn affidavits exonerating the petitioners from the commission of the murder of the deceased. Ghulam Muhammad and Muhammad Nawaz are Present in the Court. They own affidavits. Whether the witnesses have resiled or not, the fact remains there that they are not prepared to support the prosecution case and have given affidavits exonerating the petitioners from the commission of the crime.
4. For what has been stated above, I am of the view that the matter requires further enquiry. The petitioners are allowed bail in the sum of Rs.10,000 with one surety each in the like amount to the satisfaction of A.C/Duty Magistrate, Chishtian.