The petitioner, Amir Hussain, alongwith 8 others, is accused of the murder of Ghulam Raza Shah, which took place at Degarwela on 11-5-1988 and which was reported to the police by Hamid Hussain Shah a brother of the deceased at 7 p.m. On the same day. The prosecution case is that the complainant, Hamid Hussain Shah, had illict relations with Mst. Ghulam Fatima a sister of Ahmed Sher accused. The accused persons had seen the complainant and Mst. Ghulam Fatima sitting together a number of times and had therefore a grudge against him. At Degarwela on 11-5- 1988, the complainant, his brothers Ghulam Raza deceased and Maqsood and his maternal uncle Hakim Hussain were sitting at the back of their house when the accused persons ail armed with fire arms launched an attack. Amir Hussain, petitioner, fired a shot hitting Ghulam Raza Shah deceased in the neck and chest and Ahmed Sher accused fired hitting him in his face. The accused persons also fired shots at the complainant and others but they were not injured.
2. It is stated that the petitioner is a school teacher and was in no way concerned with Ahmed Sher and his co-accused. It is also noteworthy, that the accused persons other than the petitioner and Ahmed Sher have been released on bail.
3. The defence version is that it was the complainant party which attacked the accused party; they had fired shots and as a result of those shots, three persons Mst. Waziran Begum, Amina Bibi and Ghulam Rasool were injured. Mst. Waziran Begum is the wife of Muhammad Yaqoob accused, Amina is the wife of the petitioner and Ghulam Rasool is the paternal uncle of the petitioner. It is also stated and the statement is not controverted, that the case was investigated by four Investigating Officers. The S.H.O. Had found the petitioner innocent and had placed his name in column 2 of the challan. On the application of the complainant, the case was then investigated by the D.S.P.; he too was of the same opinion. The investigation was then entrusted to the Inspector C.I.A. He was of the opinion that though the petitioner was present at the time of the occurrence, yet he was not armed and had not fired any shot. His finding was later confirmed by another Investigating Officer namely a D.S.P. As the last named two Investigating Officers were of the opinion that the petitioner was present at the time of occurrence, the name of the petitioner has now been placed m column 3 of the challan. In my opinion, in view of the findings of the Investigating Officers, and in view of the fact that the petitioner is not related to Ahmed Sher accused who had the alleged motive to commit the offence, there are no reasonable grounds for believing that the accused has committed a non---bailable offence and that there are sufficient grounds for further inquiry into his guilt.
4. I, therefore, allow the petitioner to be released on bail on his furnishing bond in the sum of Rs.
20,000 with two sureties in the like amount to the satisfaction of A.C./Duty Magistrate concerned.