Briefly stated the prosecution case is that on 1-12-1986, at about 1- 00 P.M. Ghulam Farid complainant, his brother Mubarik Ali deceased, Nawab and Muhammad Aslam were proceeding from their village to Mandi Dhaba Singh to make some purchases. When they reached near the shop of Shah Nawaz, Naveed armed with gun, Rafiq (petitioner) armed with carbine and Nazir armed with pistol came there. They challenged. Rafiq fired the first shot on the left flank and left arm of Mubarik Ali who fell down. The witnesses entered the shop of Shah Nawa2 All the accused then remained firing and left the spot with their weapons.
This petition is not pressed on merits. It is contended that the petitioner was found innocent by the Investigating Officer in his case diary No. 6 and by the D.S.P. In his case diary No. 20 of this case.
2. I have carefully gone through the case diaries recorded during the investigation. S.H.O. Police Station Khanqah Dogran in para. 2 of the case diary No. 6, dated 15-12-1986 opined that Rafiq and Naveed accused were innocent and that only Nazir Ahmad accused was involved in the occurrence. D.S.P. Muhammad Ashraf in case diary No. 20, dated 26- 1- 1987 recorded the statement of Shah Nawaz shopkeeper near whose shop the occurrence had taken place. He also recorded the statements of many other persons of the locality and held general enquiries in the matter. After detailed enquiry, he agreed with the conclusion of the S.H.O. And' declared Muhammad Rafiq and Naveed accused innocent. On a perusal of the police diary I am of the view that the opinion of police in declaring; Muhammad Rafiq petitioner innocent is based on sound material. I accordingly admit Muhammad Rafiq petitioner to bail on his furnishing of bail bond in the sum of Rs.20,000 (Rupees twenty thousand) with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Sheikhupura.