Sardar Muhammad petitioner has moved this petition for bail in a case registered against him and others under sections 148, 302 and 307/149, P.P.C.
2. The F.I.R. Version is that on 10-5-1988 at about 2-15 p.m. Abbas A.I complainant, his brother Ilyas A.I deceased, Mushtaq A.I, Ghulam Haider and Nur Ahmad were going to Muridke when Sardar Muhammad petitioner, Zulfiqar A.I Bashir and Ejaz armed with .7 mm rifles and Muhammad Aslam and Mushtaq armed with .12 bore guns confronted them on the south-western side of the village.
Mushtaq Ahmad raised a Lalkara that Ilyas should be done away with, upon which Sardar Muhammad petitioner fired his rifle hitting his abdomen, as a result of which he died at the spot.
Then Bashir fired his rifle hitting Imtiaz A.I minor who was playing nearby. Motive alleged in the F.I.R.
Is that Ilyas deceased had contested B.D. Elections against Mushtaq in the year 1987. Ilyas deceased was defeated and he had filed an Election Petition which was pending in the Court of Civil Judge, Ferozewala.
3. Learned counsel for the petitioner contends that during the investigation it transpired that the petitioner was not present at the spot and he has been found innocent during three investigations conducted by the local police, D.S.P. Circle and D.S.P. Sangla Hill. The learned State counsel has opposed the prayer for bail.
4. I have considered the submissions made at the Bar in the light of material available on the record. Perusal of the file reveals that the case was investigated by D.S.P. Abdullah Khalid of Ferozewala Circle who came to the conclusion that presence of Bashir and Sardar Muhammad petitioner at the place of occurrence was not proved and it appeared that Ilyas deceased and Imtiaz suffered injuries by the firing of Zulfiqar who was having a .7 mm rifle. Thereafter, this case was investigated by Akhtar Hassan, D.S.P., Sangla Hill, who disagreed with the finding of the local police that co-accused Bashir was in this Unit till the afternoon of the day of occurrence. A letter received from the Unit disclosed that he had obtained two months' leave on 9-5-1988 and that on the same day he had arrived in the village. However, so far as the petitioner is concerned, he agreed with the finding of the local police that he was not present at the spot and recommended that his name be shown in column No.2 of the challan. The finding is supported by sufficient material. In the circumstances, I A feel inclined to the view that the case of Sardar Muhammad petitioner needs further inquiry. I, therefore, admit him to bail in the sum of Rs.1,00,000 (one lac) with two sureties in the like amount to the satisfaction of Assistant Commissioner, Ferozewala.