This is an application for grant of bail filed by Syed Alamdar Hussain Shah in a case registered against him and others vide F.I.R. No. 189, dated 9-8--1988 for an offence under section 302/148/149, P.P.C. At Police Station Lala Moosa, District Gujrat.
2. According to the F.I.R. The petitioner was armed with .7 mm rifle at the time of the occurrence. The petitioner and his five co-accused were alleged to have fired at Riaz Hussain deceased.
3. I have heard the learned counsel for the parties and perused the relevant material. The investigation into the case was originally conducted by Javed Iqbal, S.I. Police Station Saddar Lala Moosa, who found all the six accused persons including the petitioner to be guilty. Nazar Hussain, Inspector/S.H.O. Of the said police station agreed with his conclusion. The Halqa Officer, D.S.P.
Kharian verified the investigation and agreed that all the accused persons were guilty.' However, thereafter, the investigation was entrusted to Farooq Ahmad, D.S.P. Phalia, who, vide his Zimni No. 47, dated 23-5-1989 found that four accused persons, namely, Nazar Hussain Shah, Ashiq Hussain Shah, Azar Hussain Shah and the present petitioner Alamdar Hussain Shah, were innocent. Hence, he recommended that their names be placed in column No.2 of the challan. As regards the petitioner, the D.S.P. Phalia verified from 50/60 persons that the petitioner was present in his village Karam Shah Qazian. His opinion regarding the petitioner's innocence appears to be based on sound material.
4. The matter regarding the Petitioner's guilt requires further probe and investigation. At this stage, there are no reasonable grounds for believing that the petitioner is guilty of the offences alleged against him.
5. In this view of the matter, I accept thus application and allow bail to the subject to his furnishing bond in the sum of Rs.25,000 with one surety petitioner s` the like amount to the satisfaction of the Assistant Commissioner/Duty m Magistrate, Gujrat.
S.A./A-743/L