Q.S.IKRAM, J.--The occurrence in this case took place at about l. p.m on 13.10.87. Mst. Aysha Begum complainant along with her husband Dr. Haji Ahmad, her son Afzaal and others was proceeding to the house of Mst. Fatima Bibi to enquire about the heaIth of her husband. When they reached by the corner of a street known as Thanev-dar-wali. They found Muhammad Latif deceased present outside his house. At that time Muhammad Rafiq deceased was sitting on the plat-form of a nearby shop. All of a sudden Muhammad Sharif, Mian Khan, Muhammad Rafiq son of Muhammad Sharif Isghar, Muhammad Boota, Riasat Ali, Muhammad Riaz, Farooq, Ghafoor Shaukat Ali and Barkat Ali armed with guns and rifles came there. Muhammad Rafiq accused fired from his rifle hitting Muhammad Latif deceased on his left eye. Muhammad sharif fired hitting abdomen of Muhammad Latif who in order to save himself ran towards the house. Asghar and Shaukat Ali accused fired at Muhammad Latif deceased who was hit and fell down in the courtyard of his house. Mian Khan accused fired from his rifle at Muhammad Rafiq deceased hitting his chest.
Thereafter Muhammad Sharif, Boota and Muhammad Rafiq accused fired at Muhammad Rafiq deceased. After this Riasat Ali accused fired at Rafiq hitting his abdomen. The fire by Muhammad Riaz accused hit the right shoulder of Muhammad Rafiq deceased who was given fire-arm injuries by Ghafoor and Farooq accused. Thereafter Barkat Ali accused fired hitting the back of Muhammad Rafiq. The alarm attracted Mohallah dars and the accused ran away. Muhammad Latif and Muhammad Rafiq died at the spot as resuIt of injuries. The motive was stated to be the abduction of Mst. Kausar Bibi, a close relative of the accused. She was abducted by Muhammad Rafiq deceased.
After registration of the case the police undertook investigation and arrested the accused. This is a petition on behalf of Farooq, Ghafoor, Boota, Riasat, Shaukat, Barkat Ali and Mian Khan only. The remaining four accused namely, Muhammad Sharif, Muhammad Rafiq, Asghar and Muhammad Riaz are in lock-up.
2. I have heard the learned counsel appearing for the parties. Learned counsel for the petitioners does not press the petition on behalf of Mian Khan accused which is accordingly dismissed.
3. In support of the plea for bail on behalf of Farooq etc. Petitioners No:l to 6, the only ground urged is that during the investigation they were found innnocent by police and placed in Column No.2 because at the time of alleged occurrence they were found to be present in Kharian doing their jobs. It is admitted by learned counsel for the petitioners that there is no documentary evidence to support the plea of alibi of Farooq etc. Petitioner No.l to 6. These petitioners have been ascribed specific injuries to the deceased at the time of occurrence. The place of occurrence is stated to be about 10 miles from Kharian. There is no documentary evidence to support the plea of alibi of the petitioners. In my view, therefore, the opinion of police is not based on sound material and as held in Muhammad Afzal Vs. Nazir Ahmad (1984 S.C.M.R 429) , the said opinion cannot be relied upon to allow bail to the petitioners. This petition is accordingly dismissed.