' Muhammad Anwar (complainant) reported at P.S. Makhdoom Rashid on 11-10-1987 at 7-00 p.m.
That at Digarwela' his cousin Neimat, Ali son of Noor had restrained Nazir Ahmad son of Mehar All (petitioner) from passing the cattle through his land. There ensued a quarrel over it. Safdar (P.W.) also arrived whom Nazir (petitioner) had abused, whereupon the former gave him fist blows.
Meanwhile, Dilsher, petitioner, arrived whom Safdar P.W. Had pushed away. Dilsher and Nazir, therefore, went away threatening them that they would take revenge of their insult. At Maghrab Wela the same day eleven petitioners herein accompanied by Shamas Din, Shabbir son of Jag Din and Yasin, co-accused all armed with guns, revolvers and carbines excepting Bashir Ahmad, Nazir Ahmad and Siraj Din, petitioners, who were empty-handed, came to the complainant's house raising Lalkaras. Bashir and Siraj, petitioners exhorted them to take revenge of their insult and kill members of the complainant party. Jalal Din, father of the complainant, begged pardon from them but he was fired at by Yasin, accused. He was also fired at by Dilsher and Ilam Din, petitioners, as a result of which Jalal Din died. Munir was fired at by Shamas Din, Shabbir son of Jag Din and Hashmat as a result of which he succumbed to his injuries. Mst. Razia was fired at by Dilsher and Aslam, petitioners, who also died on the spot as a result of the fire-arm injuries. Besides three deceased persons (Jalal, Munir and Mst. Razia), Safdar, Muhammad Akram, Sajjad Hussain, Mst.
Talan, Mst. Amiran and Liaqat Ali P.Ws. Also got injured with the shots fired by the accused party.
The occurrence was witnessed by Bashir and Muhammad Iqbal besides Muhammad Anwar, complainant. The prosecution story is supported by these witnesses as well as the injured witnesses.
2. The case has been investigated by Mulazim Hussain, Inspector/S.H.O., Raja Khizar Hayat, S.H.O., Sheikh Muhammad Iqbal, D.S.P. And lastly by the Additional Superintendent of Police, Multan., It may be mentioned that Raja Khizar Hayat held Ilam Din, Feroze Din, Shabbir son of Allah Diya, Shabbir son of Sultan, Dilsher, Saraj Din, Neimat Ali, Hashmat and Aslam as innocent, while the Additional S.P. Besides Dilsher, Neimat and Siraj has held Aslam and Shabbir son of Sultan to be innocent. It would be seen that Dilsher, Neimat and Siraj have been held to be innocent by all the four Investigating Officers.
3. Two .32 bore empties and seven .12 bore empties were found from the spot. They matched with the guns recovered from Hashmat Ali, Ilam Din, Shabbir son of Allah Diya and Feroze Din.
4. The petitioners applied for the grant of bail in the lower Court but remained unsuccessful, hence, this application.
5. I have heard the learned counsel for the petitioners as well as the learned State counsel assisted by counsel for the complainant and also perused the record.
6. Admittedly, Bashir, Nazir and Siraj were empty-handed at the time of occurrence and they did not cause any injury to the deceased or the injured P.Ws. Likewise, the shots alleged to have been fired by Neimat and Feroze Din petitioners did not hit anybody. In the circumstances, I find that the question whether they participated in the occurrence or not needs further inquiry. As for Neimat Ali and Siraj petitioners they have been unanimously found to be innocent in all the investigations.
They have, therefore, good case for the grant of bail. This petition qua Bashir, Nazir, Siraj, Neimat and Feroze is allowed.
7. Dilsher petitioner, according to the F.1.R., had fired at Jalal (deceased) and Mst. Razia (deceased) besides causing injuries to Talan, Amiran and Sajjad Hussain, P.Ws. But he has been found innocent in all the four investigations. His case is, therefore, covered by Arbab Ali's case reported as 1985 SCMR 195. In this view of the matter, he is also entitled to the grant of bail.
8. In the result Bashir, Nazir, Siraj, Neimat, Feroze Din and Dilsher, petitioners, are directed to be released on bail subject to their furnishing bond in the sum of Rs,50,000 each with two sureties each in the like amount to the satisfaction of the A.C./Duty Magistrate, Multan.
9. The remaining petitioners, namely, Ilam Din, Shabbir son of Allah Diya, Shabbir son of Sultan, Hashmat Ali and Aslam, are not entitled to the grant of concession of bail as they have been attributed specific role and the material so for collected indicates that there existed reasonable grounds to believe that they are guilty of committing offence punishable with death. This petition to their extent is dismissed.