' The relevant facts are that on 4-12-1991 at 7-15 p.m. Muhammad Ismail accompanied by Muhammad All deceased were on their way home on a motor-cycle. On the way they were intercepted by four persons who had blocked the road with a rope. Resultantly, they fell on the ground. One of the said four persons was armed with a pistol who fired at Muhammad All hitting him on his right flank. The other persons caught hold of Muhammad Ismail and removed Rs,5,700 from his person. Later the accused fled away. Muhammad All was removed to the hospital where he died on 7-12-1991. Muhammad Ismail reported the matter to the police. Without mentiming the names of any of the accused. However, on 17-1-1992, the supplementary statements of Muhammad Ismail complainant, Mst. Hakman Bibi and Noor Ahmad were recorded. According to them, they were told by the deceased that Riaz Akhtar was identified as one of the assailants.
3. Bail for Riaz Akhtar petitioner is claimed on the ground that he is not nominated in the F.I.R. No dying declaration of Muhammad Ali was recorded and supplementary statements of Muhammad Ismail etc. Under section 161, Cr.P.C. Were recorded on 17-1-1992 whereas the occurrence in question had allegedly taken place on 4-12-1991 and further that no recovery was made from Riaz Akhtar.
4. In the above circumstances, it appears to be a case of further inquiry. Accordingly, I admit Riaz Akhtar petitioner to bail in the sum of Rs,50,000 with two sureties in the like amount to the satisfaction of A.C./Duty Magistract, Depalpur.