' Petitioner seeks bail in the case registered against him under section 302, P.P.C. At Police Station Lundianwala, District Faisalabad on 18-11-1987 at 4-05 p.m. For an occurrence, said to have taken place on the same day at 7-00 a.m.
2. According to F.I.R. Mst. Nanhi daughter of Rahmat Ali had come to the Dhari of the complainant and had requested for milking her buffalo at her Dera. The complainant sent his son Abdul Ghaffar for milking the buffalo of Mst. Nanhi. When Abdul Ghaffar was milking the buffalo, the petitioner came there and launched attack on him with a knife and caused him injuries on the buttock, right arm and head. He also is alleged to have given injuries with knife to Mst. Nanhi.
3. Motive for the occurrence, given in the F.I.R.' is that the petitioner had illicit relations with Mst.
Nanhi and he had entertained suspicion that Mst. Nanhi had now developed illicit relations with Abdul Ghaffar.
4. It is contended on behalf of the petitioner that the whole story, given in the F.I.R., is false; that in fact the deceased had tried to forcibly commit Zina with Mst. Nanhi finding her alone at her Dhari and had caused her injuries an her resistance; that the petitioner who is relative of Mst. Nanhi happened to reach there per chance hearing cries of Mst. Nanhi and tried to save her, during which scuffle the deceased suffered injuries. In support of this version, affidavit of Mst. Nanhi (Mst. Bushra alias Nanhi) daughter of Rehmat All has been placed on record. The affidavit is purported to have been sworn on 13-10-1988.
' Learned counsel for the petitioner has submitted that even if the story given by the complainant is accepted, it has to be conceded that it would still be a case of family honour.
5. Learned counsel for the State has opposed the grant of bail. According to her Mst. Nanhi during the investigation had supported the F.I.R. Version by making statement under section 161, Cr.P C.
6. The occurrence even according to F.I.R. Had taken place at the Dhari of Mst. Nanhi daughter of Rahmat All and Mst. Nanhi had suffered injuries during the occurrence. Although it is claimed in the F.I.R. That she was caused injuries by the petitioner yet she has taken the stand vide affidavit placed on record that the injuries were given to her by the deceased. She has not only negatived the F.I.R. Version but has also supported the story put on behalf of the petitioner.
' The petitioner is in sail for the last eleven months and the trial has not B yet started.
' In the circumstances, enumerated above, reasonable grounds do not appear against the petitioner of having committed the offence charged with. This petition is, therefore, allowed and the petitioner is directed to be released on bail, provided he furnishes bail bond in the sum of Rupees twenty thousand with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Jaranwala.