' This order would dispose of Criminal Miscellaneous No, 4716-B/74 filed on behalf of Rauf and Criminal Miscellaneous No, 203-B of 1975 filed on behalf of Muhammad Afsar.
2. Mst. Ghulam Sughra lodged F.
1. R. No, 39 on 10th June 1973 at 2-15 p.m. She named Abdul Khaliq, Rauf (petitioner), Qurban, Abdul Aziz, Sher Zaman, Adalat and Khan Gul as accused persons. According to the F. I. R. Abdul Khaliq fired gunshot which hit Jahan Dad deceased in the chest and Rauf petitioner fired gunshot which hit Jahan Dad deceased on the right shin. One shot had hit the right leg of the bitch. The occurrence was witnessed by Ghulam Sughra, Amir Ahmad. Muhammad Riaz, Jafar Khan and Sabir. The case was investigated by the Local Police, D. S. P., Gujjar Khan, Additional Superintendent of Police and the Crimes Branch, Lahore. All the four investigating agencies found the petitioner and his co-accused Abdul Khaliq etc. As innocent. Police collected evidence of certain witnesses and on the basis of the statements of those persons challaned Muhammad Afsar petitioner. Mst.
Ghulam Sughra informant filed a complaint before the Magistrate but it was dismissed on 4th September 1973 under section 203, Cr. P. C. She filed a revision petition and it was accepted by the learned Sessions Judge on 4th October 1974. After recording the statement of Amir Ahmad, the learned Magistrate summoned Rauf petitioner and others through warrants of arrest. In view of the fact that the four investigating agencies found Rauf petitioner and his co-accused innocent and showed their names in column No, 2 of the challan, the case of Rauf petitioner fall 4 under subsection (2) of section 497, Cr. P. C. And Rauf petitioner is entitled to be released on bail. His interim bail is confirmed.
3. The informant and the other eye-witnesses are sticking to the F. I. R. Name of Muhammad Afsar was not mentioned in the F. I. R.IH Case against him is still to be inquired into. The learned counsel fo Rauf contended that a cousin of Rauf petitioner, named Sardar, was murdered on 10th June 1973 and F. T. R. No, 38 had been lodged by Sher Zaman, one of the co-accused at Police Station, Jatli and in that case Akram and five others were named as accused persons, and out of six accused five have been released on bail while Akram is in jail. It was urged that in order to involve the petitioners falsely in this case, Jahan Dad was made the victim of assault by the complainant party. He also contended that the medical evidence contradicted the prosecution version as according in the post-mortem report injury No, 1 which was on the chest, had blackening marks whereas according to the prosecution version the C deceased was fired at from a distance of nine karams. Taking all these facts into consideration. I also allow bail to Muhammad Afsar petitioner in the sum of Rs, 10,000 (ten thousand) with one surety in the like amount to the satisfaction of Inquiry Magistrate.
4. The Inquiry Magistrate shall be at liberty to cancel the bail of the accused if he found a prima facie case against the accused at the time of the commitment of the case.