This is a petition under section 497/498, Cr.P.C. By Taj Din, Muhammad Rafiq and Muhammad lqbal, petitioners, for bail in respect of a case instituted against them and three others under section 302/307/148/149. P.P.C. At Police Station Gulberg, Faisalabad, on 21-6-1985.
2. The prosecution case in brief is that in the morning of the day of occurrence, Amir, co-accused, had a dispute with Nazir Ahmad, Imam Masjid and Nehmat Ali deceased, about the inability of the Imam Masjid to properly manage the mosque, in which dispute the former expressed his desire that he should be given over the papers of the mosque, to enable him to manage the same. The said incident was witnessed by Mst. Khurshid Bibi and Mst. Parveen P.Ws. Amir, co accused, then left for his house and after some time returned with his son. Taj Din petitioner and grandsons.
Muhammad Rafiq and Muhammad Iqbal petitioners, and Jan and Hanif, co-accused. Amir. Co- accused, was armed with a Lathi. Whereas Jan and Hanif, co-accused, were armed with Chhuries.
Amir, co-accused, exhorted the others to kill Nehmat Ali, deceased, whereupon Taj Din, Muhammad Rafiq and Muhammad lqbal, petitioners, clasped the deceased and Jan and Hanif, co-accused, inflicted Chhuri blows on his right flank, followed by further Chhuri blows on his left flank and buttock.
3. Since the Investigating Officer has been summoned and the case has been argued at length, I have requested Mr. Nasir-ud-Din Ahmad, Advocate, who is on the State panel, to enter appearance for the State. This petition is being admitted today and will be dealt with as a notice case.
4. I have heard the arguments of the learned counsel for petitioners and the State and have perused the police file. The medico-legal report of Nehmat Ali, deceased, prepared within two hours of the incident, shows that he suffered two stab wounds on the left flank, three stab wounds on the right flank and one stab wound on the left side of abdomen. Ex facie the location of the injuries excludes the possibility that as many as three persons held the deceased in the Japha. It appears that the grandfather, the father and four sons all have been named in the F.I.R. Taking all circumstances into consideration, the question whether the three petitioners were present and, if so, did clasp Nehmat Ali, deceased, so as to facilitate Jan and Hanif, co-accused, A to inflict Chhuri injuries on him, is one which calls for further inquiry. The evidence being somewhat equivocal as regards the criminal involvement of the petitioners, it cannot be said that there are reasonable grounds for believing that they are guilty of' the offence imputed to them.
5. For the foregoing reasons, this petition is accepted and Tai Din, Muhammad Rafiq and Muhammad lqbal, petitioners, 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, Faisalabad.