' Learned counsel for the petitioners submits that Mst. Nighat Sultana (widow of late Zafar Ali), who is mother of Halakoo Khan deceased child, has compromised the matter with the accused- petitioners, pursuant to which she has also submitted an affidavit in this respect and that since she, alongwith Ch. Akhtar Ali, Chairman Union Council, Haji Muhammad, and Liaqat Khan Lambardar (her maternal-uncle) is present in Court, their statements may be recorded.
2. Let the statement of Mst. Nighat Sultana, Ch. Akhtar Ali, Chairman, Union Council, Haji.
Muhammad, and Liaqat Ali, Lambardar, be recorded.
' Statement of Mst. Nighat Sultana widow of late Zafar Ali caste Gujar, aged 35 years resident of Chokar Kalan, Police Station Lala Musa, Tehsil Kharian, District Guj at, on oath.
' I have compromised the case with Mukhtar Ahmad, Nisar Ahmad, Muhammad Aslam, Muhammad Nawaz and Sultan Ahmad, petitioners, who are accused in the cress case filed by the police, arising out of F.I.R. No, 211, dated 8-6- 1986 registered at Police Station Lala Musa. I have forgiven them in the name of Allah. I have no objection if the said accused are acquitted or released on bail. In this connection, I have also sworn affidavit Exh.P.1. The signatures Exh.P.1/A on this affidavit are mine. Apart from me, there is no other legal heir of my son Halakoo Khan deceased.
' Joint statement of Ch. Akhtar Ali, Chairman Union Council, Haji Muhammad, Police Station Lala Musa and Liaqat Khan son of Muhammad Khan, Lambardar Chokdar Kalan, Police Station Lala Musa, Tehsil Kharian, District Gujrat, on oath.
' The lady who is present in Court is Mst. Nighat Sultana, widow of late Zafar Ali, resident of illage Chokdar Kalan, Police Station Lala Musa. She is the mother of Halakoo Khan, deceased, who was accidently hit by gunshot fire and died. We tender photo copies of our Identity Cards Ex.P.2 and Ex.P.3 in proof of ow identity.
' Presence as before: ' This is a petition under section 497, Cr.P.C. By Mukhtar Ahmad and others, petitioners Nos. 1 to 5, for bail respect of a cross-case titled State v. Mukhtar Ahmad and 14 others challaned by the police under section 302/307/148/149, P.P.C.
2. On 8-6-1986 at 5-30 p.m. There was cross- firing between Mukhtar Ahmad and others, petitioners Nos. 1 to 5, and others, on one side, and Mukhtar Ahmad and 13 others, on the other, as a result of which cross-firing a minor boy Halakoo Khan, deceased, aged 6/7, was killed and a girl Mst. Shameem Akhtar was injured. Both Halakoo and Mst. Shameem Akhtar happened to be passersby. In respect of the said incident, F.I.R. No, 211 was registered at Police Station Lala Musa on the instance of Mukhtar Ahmad, petitioner No,
1. However, during investigation, the police also registered a cross-case against Mukhtar Ahmad and others, petitioners Nos. 1 to 5 and 10 others.
The present petitioners seek bail in respect of this, cross-case instituted by the police against them.
3. On my request, Mr. Rehmat Khan Awan, Advocate, whose name appears on the State panel, has entered appearance. Since this case has been argued at length, I have admitted the same today and will dispose it of by this order.
4. I have heard the arguments of the learned counsel for the petitioners and the State. Mst. Nighat Sultana, who is the mother of Halakoo Khan, deceased child, has compromised the matter with Mukhtar Ahmad and others, petitioners Nos. 1 to 5. In this connection, her statement has been recorded by me. She has been identified by Ch. Akhtar Ali, Chairman, Union Council, Haji Muhammad, and Liaqat Khan, Lambardar whose joint statement has also been recorded. Learned counsel for the petitioners submits that the injury to Mst. Shameem Akhtar on her thigh was. Only a simple, injury. Since Mst. Nighat Sultana, mother of Halakoo Khan, B deceased, has compromised the matter with the petitioners and has forgiven them, the petitioners are entitled to be released on bail. If any authority is required for this step, Mahmood Elahi's case PLD 1981 AJ&K SC 99 may be referred.
5. For the-foregoing reasons, this petition is accepted and Mukhtar Ahmad and others, petitioners Nos. 1 to 5, are ,released on bail subject to their furnishing security in the sum of Rupees thirty thousands (Rs, 30,000) each with two sureties each in the like amount to the satisfaction of the , Assistant Commissioner, Kharian.