Mst. Khurshid Bibi and Asghar deceased person were killed in the house of Asghar, in the early hours of 22-6-1988. The incident was reported to the police by Faqir Muhammad, a real brother of Asghar, at about 5.30 A.M. On the same day. In the F.LR. Faqir Muhammad claimed to have eye- witnessed the incident; he named five persons, namely, Shaman, Muhammad Anwar, Riaz, Muhammad Nawaz and Muhammad Mumtaz, as the culprits; of them, Shaman, Muhammad Anwar and Riaz were armed with guns and Muhammad Nawaz and Muhammad Mumtaz' petitioner, were empty handed. Shaman, Muhammad Anwar and Riaz had, according to the F.I.R.
Fired shots killing the deceased persons.
2. During investigation, it was found that Shaman accused was confined in District Jail, Faisalabad, at the time of occurrence. Muhammad Nawaz accused was also found innocent. On 1-7-1988, a supplementary statement was made by Faqir Muhammad, complainant, substituting the names of Manak and Sarwar for Shaman and Muhammad Nawaz. Another interesting feature of the case is that no sharp-edged weapon injury was, according to the F.I.R. Caused by any of the accused persons to the deceased persons yet in the post-mortem examination, Mst. Khurshid was found to have an incised wound. It is, therefore, argued that the prosecution case is extremely doubtful and that in point of fact, nobody had seen the occurrence taking place.
3. Manak and Sarwar were allowed bail by my order dated 21-2-1989. As regards the petitioner, he was empty handed and in the circumstances of the case, I allow him to be released on bail on his furnishing bond in the sum of Rs.30,000 (Rupees thirty thousand only) with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate concerned.
S.A./M-1408/L