1. The petitioners are accused of the murder of Muhammad Asghar and his wife Mst. Khurshid Bibi; the murder took place at about morning Namazwaila on 22-6-1988 and was reported to the police by Faqir Muhammad, a real brother of Muhammad Asghar deceased at 5-30 a.m. On the same day. In the F.I.R., Faqir Muhammad claimed to have eye-witnessed the incident. The prosecution case is that seven or eight years before this occurrence, Muhammad Asghar had abducted two sisters of Riaz, Nawaz and Mumtaz accused persons, namely, Khurshid Bibi deceased and Mst.
2. Fatima. Mst. Fatima had been killed before this incident. The story is that on hearing an alarm coming from the house of the deceased, Faqir Muhammad went there and found Shama, Anwar, Riaz, Muhammad Nawaz and Mumtaz accused persons in the Havaili of Muhammad Asghar deceased. Within his view, they fired shots and killed the deceased persons. Riaz, Nawaz and Mumtaz are real brothers. Shama is their uncle and Anwar is a son of Shama. During investigation, it was found that Shama accused was in judicial lock-up at the time of occurrence; similarly, Nawaz accused was also found innocent of the offence. On 1-7-1988, a supplementary statement of; Faqir Muhammad, complainant was recorded; in that statement, he substituted the petitioners for Shama and Nawaz. Another interesting feature of the case is that no sharp-edged weapon injury was said to have been caused to the deceased persons in the F.I.R. But in the post-mortem examination one incised wound was also found on the dead body of Mst. Khurshid. This is now attributed to Manak, petitioner. In these circumstances, I allow the petitioners to be released on bail on their furnishing bonds in the sum of Rs.20,000 (Rupees twenty thousand only) each with two sureties in the like amount to the satisfaction of A.C./Duty Magistrate, concerned.
3. H.B.T./M-1186/L