1. ' Khizra son of Mammand, Muhammad Ali son of Ziada and Manzoor son of Raja, residents of village Badeen, Police Station Mid-Ranjha, Tehsil Bhalwal District Sargodha are accused along with others in a murder case. F.I.R was lodged by Allah Yar on 27-3-1986 at Police Station Mid Ranjha.
2. ' These petitioners along with others had applied for bail (Crl. M. 1765-B-86) pending the decision of the case against them. On 9-7-1986 the application for bail qua Muhammad, Raja, Ghulam Ali, Ahmad and Mathela was allowed, whereas the same was dismissed vis-a-vis Manzoor, Muhammad Ali and Khizra. On 28-6-1986 this very application vis-a-vis Ahmad son of Raja was dismissed as withdrawn.
3. ' This is the second application. The first ground urged by the counsel for the petitioners is that the petitioners did not inflict any injury to the deceased. The part attributed to them is of causing injury to the prosecution witnesses.
4. ' I am not inclined to consider this ground because this was taken in the earlier application and the same was repelled by me. The second ground is that some time ago the matter was referred to the Chairman Markiz Council to be decided on oath. Before the council it was found that the complainant side was the aggressor.
5. ' I had directed the A.A.-G. To verify this position. He submits that in the last Zimni dated 24-3-1987 written by the DSP, it is mentioned that the complainant side was the first to open fire. An affidavit to that effect has also been given by Syed Ali Raza, Chairman Markiz Council, Mid-Ranjha. It was he to whom matter was referred to be decided on oath.
6. This is a new ground. This goes in favor of the petitioners and calls for further enquiry. I, therefore, admit the petitioners to bail in the sum of Rs,50,000 (Rupees fifty thousand) each with one surety