ORDERIFTIKHAR HUSSAIN CHAUDAHRY, J.- Petitioners are accused in case FIR No. 627 dated 28-8- 1996 for offence u/S. 459 PPC and 13 of Arms Ordinance. 1965. Case was registered at the instance of Syed Muhammad Umar. According to first informant he was present at Ehsan Jewelers owned by his brother Abdul Hafeez on 28-8-1996 when at about 7.15 p.m. Three persons namely Mumtaz.
Haq Xawaz and Asif Khan armed with 7 m.m. Rifle came to the shop on a motor cycle which was parked out side the shop. Asif Khan entered the shop and demanded from Abdul Hafeez at gun point to hand over whatever was in his possession. On refusal of Abdul Hafeez. Asif Khan fired which hit Abdul Hafeez on his left arm. Abdul Hafeez then in order to save himself fired with 30 bore pistol, as a result of which Asif was injured and died at the spot, so-accused decamped from the spot leaving behind the motor cycle. Petitioners were arrested and were allowed bail by Judicial Magistrate Jhang by order dated 17-11-1996. However, on an application made by the complainant an Additional Sessions Judge,recalled the bail by order dated 14-4-1997.
2. Learned counsel for the petitioners contended that petitioners were allowed bail by Judicial Magistrate:Magistrate Section 30 justifiably and bail was cancelled by the learned Additional Sessions Judge mechanically, lt was contended that as a matter of fact Asif Khan was done to death by the complainant and later in order to save himself this false case of .Attempted dacoity was made against Asif Khan and present petitioners and -urprisingly the accused were mentioned in the FIR with full detail which showed that they were fully known to the complainant and ordinarily no one commits dacoity at places where he can be identified, lt was argued that at any rate no oven act was ascribed to petitioners during the incident. Learned counsel for the State opposed the grant of bail to the petitioners.
3. According to allegations contained in the FIR. Petitioners a'mngwirh Asif Khan deceased came to Ehsan Jewellers on a motor cycle. Only Asif Khan entered the shop while present petitioners did not demand any thing from the complainant The motorcycle recovered from the spot does not belong to petitioners The gun allegedly used by Asif Khan Was also not recovered by police which makes the occurrence somewhat suspect. The petitioners under the circumstances are allowed bail in the sum of Rs. 50.000/- with two sureties each in the like amount to the satisfaction of trial Court.