The five petitioners are accused of the offence punishable under Becton 302/201/148/149, P.P.C.
Vide F.I.R. No. 31 dated 3-3-1989 of Police Station Kot Sultan of District Layyah. This F.I.R. Was recorded at the instance of Imam Bakhsh complainant who is the father of Mst. Nasim Mai deceased and he has alleged that his daughter Mst. Nasim Mai had illicit relations with one Noor Muhammad and was found with him in the field of wheat crop at about mid-night and was thereafter beaten by the present petitioners and ultimately she succumbed to her injuries.
2. Bahadar and Khuda Bakhsh accused petitioners are the real brothers of Imam Bakhsh complainant. Abdul Rehman accused-petitioner is the son of Bahadur petitioner and thus a nephew of Imam Bakhsh and also the son-in-law of Imam Bakhsh complainant. Mushtaq accused-petitioner is the first paternal---cousin of Imam Bakhsh complainant whereas Muhammad A.I is his real sister's son.
3. From the F.I.R. It is evident that the accused-petitioners never intended to commit murder of Mst.
Nasim Mai and it was only on account of finding her in an immoral state at the dead of the night in the wheat field with Noor Muhammad alias Nooru that the accused-petitioners who are close relatives of Mst. Nasim Mai deceased gave her beating which ultimately resulted in her death.
4. The eye-witnesses of the occurrence are Imam Bakhsh complainant, his wife Mst. Bhirawan and his daughter Mst. Amina who is the wife of Abdul Rehman accused-petitioner. All the three have submitted affidavits and are also present in person to state that they do not want to prosecute the accused persons' in the peculiar circumstances of the case and had even made an application to the District Magistrate for the withdrawal of the prosecution against the said accused persons.
5. In view of what has been stated above, the present case becomes one of further inquiry.
6. The petitioners are, therefore, admitted to bail in the sum of Rs.5,000 each with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate, Layyah.
N.H.Q./B-133/L