' SHAFIUR RAHMAN, J.--The petitioner has been charged for the murder of Muhammad Iqbal. He was refused bail by the trial Court on 29-1-1989 and by the High Court on 26-3-1989. He seeks leave to appeal and the grant of bail in the matter.
2. Haji Bashir Ahmad, a brother of the deceased residing in the adjoining house where the deceased lived alone lodged a Report at 9:30 a.m. On 17-7-1988 at Police Station Saddar Mailsi, District Vehari, stating that when he went to the house of the deceased he found his brother murdered and the doors of his house open. He did not name any accused nor any suspect.
3. Subsequently Allah Jiwaya and Ghaus Bakhsh two persons resident of adjoining village claimed to have come in this village in order to see a film on V.C.R. And while returning they happened to pass by the house of the deceased and at about mid-night claimed to have seen the petitioner coming out of his house in a manner and mood to raise no suspicion in their mind. When in the morning the next day they learnt of the murder of the deceased, they disclosed this information and on it the petitioner and his companion Zafaryab were arrested. Zafaryab was allowed bail by the High Court but the petitioner was refused with the observations as hereunder:- "The perusal of the photostats of the statements shows that some prosecution witnesses in that case were declared hostile but nothing has been shown to me as to what posture the complainant had adopted in that case. In any event, there was a litigation between the complainant and Shafiq Ahmad petitioner and their inter se relations appeared to be far from being happy. In addition to this motive, there is evidence against Shafiq Ahmad of his having been seen by Allah Jiwaya and Ghaus Bakhsh P.Ws. Coming out of the house of the deceased. This evidence is sufficient to make out a prima facie case against Shafiq Ahmad petitioner whose bail application is rejected."
4. After notice to the State and hearing Mr. Muhammad Nawaz Abbasi, Assistant Advocate- General, we have converted this petition into an appeal and proceed to allow it as we consider that the case against the petitioner is open to further inquiry. He is admitted to bail in the sum of Rs, 25,000 with two sureties in the like amount to the satisfaction of trial Court.