This bail application has been moved on behalf of Muhammad Naseer, Shah Nawaz, Muhammad Aslam, Muhammad Yaqoob, Muhammad Rafique and Muhammad Sharif, petitioners, who stand arrested since 3-2-1988 for the murder of Abdul Sattar, son of the complainant, Abdul Wahid, alleged to have been committed on the night between 21/22nd January, 1988.
2. According to the complainant his son Abdul Sattar (deceased) was a gambler and addicted to narcotics. One Maulvi Atta Muhammad informed him on the morning of 22nd January, 1988 that his son (deceased) was lying injured in his `Bethhak'. The complainant went there and found the deceased lying unconscious with number of blunt weapon injuries and also burns on different parts of his body. He was removed to Nishtar Hospital where he died in the afternoon on 23-1-1988.
The doctor found nine fatal injuries caused with blunt weapon on the person of the deceased.
3. The complainant reported at the police station that the petitioners were friends of the deceased and that he had been told by Maulvi Atta Muhammad that the deceased was suspected to have been killed by them. During the investigation Abdul Ahad and Nazeer appeared before the police and stated that petitioners had confessed to have killed the deceased before them. Muhammad Amin and Muhammad Ashiq appeared before the I.O. On 23-1-1988 and stated that they had seen the deceased in the company of the petitioners at about 10-00 p.m. On 21-1-1988. On the basis of this evidence, the police arrested the petitioners on 3-2-1988 and lodged them in judicial lock-up.
4. The petitioners' bail plea has been declined by the lower Court, hence, this application. I have heard learned counsel for the petitioners as well as the learned State counsel and also perused the record.
5. Admittedly, there is no direct evidence connecting the petitioners with the crime. Abdul Wahia, complainant, who is present in Court, states that he is not sure if the petitioners had caused the death of his deceased son. Muhammad Amin and Muhammad Ashiq, who are witnesses of having seen the deceased last in the company of the petitioners, have filed affidavits saying that they did not make any such statement before the police implicating the petitioners. They are present in Court and have owned these affidavits.
6. In view .Of the facts narrated above, without expressing on merits of the case, I find that there are no reasonable grounds for believing that the petitioners are guilty of the offence with which they are charged. Consequently, I allow this petition and direct that the petitioners be released on bail subject to their furnishing bonds in the sum of Rs.30,000 each with one surety each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Chichawatni.
7. Before parting with this order, I would mention that the complainant, Abdul Wahid, has made allegations against the Investigating Officer of this case saying that he had, time and again, pointed out to the Investigating Officer as well as to the S.H.O. P.S. Chichawatni that he should join the owner of the house on which his son had been murdered and also the Chowkidar to find out clue of the real murderers but the police has not heeded to it. A.S.I. Abdul Rashid who is present with record; has been directed to join the said persons in the investigation and also see that the complainant's grievance is redressed. The petition is disposed of accordingly.
N.H.Q./M-516/L