FAZAL KARIM, J- The respondents, Munir Ahmad and Iftikhar Ahmad, along with six others are accused of the murder of Ghulam Mustafa, which occurred at 2.45 p.m. On 7.10.1989. They were allowed bail by my order dated 6.3.1990. In making that order it was noticed that according to the F.I.R. Munir Ahmad's shot had hit the deceased on the front of his right shoulder and Iftikhar Ahmad's shot had hit him on the back of his right shoulder but these injuries were not to be found in the postmortem examination report and that the case was investigated by a number of police officers and that before Malik Habib Abbas, DSP, a number of witnesses were examined by the respondents to show that they had reached the spot 10/15 minutes after the incident. The zimni recorded by Malik Habib Abbas, DSP, was perused for that purpose and it was found that the DSP appeared to have been impressed by that evidence. It was also observed that in the view of the said Investigating Officer the respondents were innocent of the offence. This observation, it appears, is not correct for no such opinion was recorded by the DSP or by his successor, Gul Abbas, DSP. Later the investigation was entrusted to another D.S:P. Ghulam Muhammad Kalyar. It is stated that he has found the respondents guilty and has directed that they be challaned along with their co-accused, Arshad and Aslam.
2. Trie complainant prays for the cancellation of the bail of Munir Ahmad and Iftikhar Ahmad, respondents, on the grounds that Ghulam Muhammad Kalyan, DSP, has found the respondents guilty and that the respondents "are threatening to the petitioner and eye-witnesses of the case with dire consequences and pressurising them not to depose against them".
3. As regards the latter allegation, it is supported by the affidavits of Faiz Muhammad, complainant, and two P. W.s named Khalid Mehmood and Khadim Hussain. In rebuttal the respondents have filed their own affidavits and the affidavits of Abdul Rashid, Ghulam Rasool, Munir Ahmad and Bashir Ahmad. These affidavits are to the effect that since their release on bail they have been living in a different village.
4. As observed above, the observation in my order dated 6.3.1990 that one of the Investigating Officers had found the respondents innocent of the offence was not correct. Yet the fact remains that the injuries ascribed to the respondents in the FIR were not found on the deadbody of Ghulam Mustafa, deceased. I do not, therefore, think that cancellation of bail of the respondents is warranted. Dismissed.