Muhammad Rafique Tarrar, J.- Ata Muhammad petitioner has moved this petition for bail in a case registered against him and his co-accused Ghulam Muhammad, Abdullah and Muhammad Riaz under section 302/34 P.P.C.
2. The prosecution version is that on 27.7.1988 at 5.45 a.m. Ata Muhammad petitioner and co- accused Ghulam Muhammad, Abdullah and Muhammad Riaz armed with a rifle, .12 bore gun, carbine and Sota, respectively, chased Aurangzeb deceased. Ghulam Muhammad and Abdullah simuItaneously fired at him but he was not hit. Then Ata Muhammad petitioner fired his rifle hitting him on the back, as a resuIt of which he died at the spot.
Motive alleged by the prosecution was that on 24.7.1988 co-accused Muhammad Riaz and Abdullah and their companions caused injuries to Muhammad Bashir and Muhammad Iftikhar.
Aurangzeb deceased intervened and slapped Abdullah, upon which he and his companions threatened him with dire consequences.
3. Learned counsel for the petitioner contends that the petitioner has been falsely implicated; the case was investigated by as many as four agencies and in each investigation he has been found innocent and uItimately shown in column No.2 of the challan, therefore, his case needs furhter inquiry. The learned State counsel does not controvert the contention that the petitioner has been found innocent in as many as four investigations. He, however, opposes the prayer for bail on the ground that the prosecution version is supported by three eyewitnesses.
4. I have considered the submissions made at the Bar in the light of material available on the record. During the investigation large number of persons appeared before different police officers to plead innocence for the petitioner and his co-accused Ghulam Muhammad and Muhammad Riaz. In the zimni dated 30.8.1988 Muhammad Nawaz, S.H.O., expressed the opinion that Ata Muhammad petitioner and his co-accused Ghulam Muhammad and Muhammad Riaz were innocent and should be shown in column No.2 of the challan. Zafar Abbas, DSP, Khushab Sadar, affirmed this finding and directed that the challan be submitted showing the names of aforesaid three persons in column No.2 thereof. In the zimni dated 12.10.1988 D.S.P, Nurpur, also agreed with the aforesaid findings. After going through the file, I find that the findig is based on sufficient matterial. I, therefore, admit Ata Muhammad Petitioner to bail in the sum of Rs.50,000/- (fifty thousand) with two sureties in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Jauharabad.