1. ' The petitioners Muhammad Bashir, Nazir Ahmad and Muhammad Rafiq alongwith Zulfiqar are accused of the murder of Khushi Muhammad and of causing injuries to Mst. Sardaran Bibi, Mst.
2. Ghulam Fatima, Mst. Safia Bibi and All Muhammad in an incident which occurred at 6-30 a.m. On 13-11-1987 and was reported to the police at 8-30 a.m. On the same day by Abdullah complainant.
3. The prosecution case is that there was a dispute between Ali Muhammad, a brother of Abdullah, complainant, and Ahmad, petitioner, over the parking of a Rehri in the street where the parties had their residential houses. At 6-30 a.m. On the day of occurrence, Nazir Ahmad petitioner, challenged AE Muhammad to dare to pass the Rehri in the street and when AE Muhammad did dare, the petitioners and their co-accused Nazir Ahmad armed with a Dang, with a hatchet fixed to it, and the remaining three armed with Dangs attacked Ali Muhammad and started giving him beating with their respective weapons. In the meantime, Khushi Muhammad, Mst. Ghulam Fatima, Mst.
4. Sardaran and Mst. Safia also reached and they too were given beating by the petitioners and their co-accused.
2. It is stated that Zulfigar accused had been found innocent by the police. Learned counsel for the petitioners states that Khushi Muhammad, deceased, had suffered blunt weapon injuries and the prosecution case is that the case is false on the face of it. In any case, so goes the argument, no specific injury was attributed to the petitioners and, therefore, it is not known whose injury had caused his death. Learned counsel for the petitioners further maintains that the petitioners and their co-accused had no grudge or motive to cause the death of Khushi Muhammad and therefore, the case at best will fall under section 304-II of the P.P.C. The petitioners have been in jail since their arrest in November, 1987. I, therefore, allow them to be released on bail on their furnishing bonds in the sum of Rs,20,000 (Rupees twenty thousand) each with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate concerned.