' Bail was sought in a case registered under section 302/324/148/149, P.P.C. Against the petitioners and their co-accused with Police Station Malikwal vide F.I.R. No,187, dated the 23rd of June, 1991 on the statement of the complainant. Allah Yar and Nawaz who had prominent role in the occurrence as set out in the F.I.R. Umar Hayat and Allah Yar had caused fatal injuries to Mst. Saleh Bibi and also injured Tauqir Fatima with fire-arm. In the circumstances, it appears that either the complaint had suppressed the real facts or the accused person with influence have managed to come out of it scot free. Anyhow the accused persons who still remain behind the bars even after one year and five months are the petitioners Akram and Riaz, caste Muslim Sheikh.
2. The allegation against the petitioners is that when on the 23rd of June, 1991 the complainant alongwith certain other persons went to the house of Muhammad Azam for performing sacrifice ritual, the former accompanied by other co-accused resorted to firing although their fire-shots did not hit anybody. However, firing of the other co-accused injured two persons and killed two ladies from the complainant side.
3. A peculiar feature of the case is that the accused persons being influential as stated by the complainant, had been able to get the investigation transferred on a couple of occasions and succeeded in having a clean chit from Raja Manzoor, S.P. Gujrat who had conducted the latest investigation. He has exonerated Umar Hayat, Dost Muhammad the menials.
4. The contention of the learned counsel for the petitioners has lot of substance that credibility of prosecution version has received severe set back after the said principal accused have been declared innocent and further that the petitioners are behind the bars since long and the trial has not yet commenced.
5. The learned counsel for the State has failed to rebut the said contentions. In fact both the contentions furnish good ground for bail. I, therefore, admit the petitioners to bail subject to their furnishing bonds in the sum of Rs, 50,000 (Rupees fifty thousand only) each with one surety each in the like amount to the satisfaction of the trial Court, who shall not in any way be influenced by my observations while deciding the case on merits.