This is a petition for bail on behalf of Muhammad Asghar and Nisar Ahmad petitioners who are accused in a case under section 304, P.P.C. And sections 3 and 5 of the Explosive Substances Act.
2. The F.I.R. Version is that five/six days prior to the registration of the case the petitioners brought a truck load of scrap from Qjri 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 bomb-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 blow on the piece of iron which exploded causing him injury on the head, as a result of which he died in Mayo Hospital. Leg of Muhammad Asghar petitioner was also injured. In the F.I.R. It was stated that the incident had taken place due to negligence of the petitioners. The occurrence was witnessed by Muhammad Arif complainant, Altaf Hussain and Muhammad Sadiq P.Ws.
3. Learned counsel for the petitioners contends that sections 3 and 5 of the Explosive Substances Act and section 304, P.P.C. Are not attracted to the facts of this case and that all the eye-witnesses, including the complainant, have made statements under section 164, Cr.P.C. Exonerating the petitioners. In view of the statements of the alleged eye-witnesses under section 164, Cr.P.C., the learned Additional Advocate-General does not oppose the prayer for bail.
4.In the statements under section 164, Cr.P.C. First informant Muhammad Arif has stated that his brother died accidentally while Muhammad Sadiq and Altaf Hussain have stated that they have no knowledge about this occurrence. In I 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.