' The petitioners, Malik Nazir Ahmad and Abdul Majid, alongwith others, are accused of the murder of Abid Hussain Hijazi. The first information report of the incident was laid before the police by Muhammad Alam, at 8-55 a.m. On 5-5-1988. The prosecution case in the F.I.R. Is that on the night between 4/5-51988 the complainant reached the house of Sajjad Ahmad at 12-30 in the night on hearing a noise and saw a young-man taking away Sajjad's mare. Sajjad Ahmad and others went after that man, overtook him and gave him beating. They were taking him to the Police Station, when he died of the injuries. Included among those who had given beating to the deceased were the two petitioners.
2. On 6-5-1988, Rashid Amin Hijazi, a brother of the deceased, appeared before the police with a different story. He was not an eye-witness to the incident. According to him, the deceased had somehow gone to the house of Sajjad Ahmad and had asked for meals and saying that he was a vagabond the accused persons tied him with rope and gave him beating. The story in the F.I.R. That the deceased had been found committing the theft of a mare of Sajjad Ahmad was, according to him, false. Two witnesses, namely, Mohammad Akram and Muhammad Nawaz, appeared before the police in support of this story.
3. The case was investigated into by various police officers. It is stated that the last of them, a D.S.P.
Was of the opinion that the petitioners were innocent. Earlier two other accused persons, Latif and Khalid Mahmood had also been declared innocent, and their names were placed in column 2 of the challan. It is further stated that the petitioners' names were not placed in column 2 of the challan. The prosecution agency had returned the challan for their names being placed in column 2.
4. Thus, there are two versions of the incident. This coupled with the fact that two of the Investigating Officers had declared the petitioners innocent of the offence, in my view, entitles them to bail, I, therefore, allow them to be released on bail on their furnishing bonds in the sum of Rs,20,000 (Rupees Twenty thousand only) each, with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate concerned.