MUHAMMAD RAFIQ TARAR, J.- This is a petition for bail on behalf of Muhammad Asghar and Nisar Ahmad petitioners who are accused in a case under section 304 PPC and section 3 and 5 of the Explosive Substances Act.
2. The FIR version is that five sue days prior to the registration of the case the petitoners brought a truck load of scarp from Ojri Camp and kept it in a plot adjacent to the house of Muhammad Arif complainant. They employed Muhammad Ashraf, brother of the complainant, as a labourer and asked him to break a bumb-like piece of iron.He declined, upon which they insisted and told him that he will not be paid wages. Muhammad Ashraf then struck a hammer below on the piece of iron which exploded causing him injury on the head, as a resuIt of which he died in Mayo Hospital.Leg of Muhammad Asghar petitioner was also injured. In the FIR it was stated that the incident had taken place due to negligence of the petitioners.The occurrence was witnessed by Muhammad Arif complainant,AItaf Hussain and Muhamnmad Sadiq P.Ws.
3. Learned counsel for the petitioners contends that sections 3 and 5 of the Explosive Substances Act and section 304 PPC are not attracted to the facts of this case and that all the eyewitnesses,including the comlainant,have made statements under section 164 Cr.P.C.Exonerating the petitioners. In view of the statements of the alleged eyewitnesses u/s.164 Cr.P.C., the learned Additional Advocate- General does not oppose the prayer for bail.
4. In the statements u/s.164 Cr.P.C, first informant Muhammad Arif has stated that his brother died accidently while Muhammad Sadiq and AItaf Husain have stated that they have no knowledge about this occurrence.In the circumstances,the petitioners are admitted to bail in the sum of Rs.20,000/- each with two sureties each in the like amount to the satisfaction of Duty Magistrate/Assistant Commissioner, Lahore Sadar.