MIAN NAZIR AKHTAR, J. - Petitioners seek bail in a case registered against the three persons, namely, Wali Khan, Slier Khan and Sardar Khan, petitioner No 1, vide FIR No. 191/95, dated 12-10-1995. For an offence under section 302/34 PPC at P.S. Ghazi Abad, Lahore.
2. As per allegations made in the FIR, Muhammad Ibrahim, deceased was -. Fired at while he was sleeping in the factory at 3.30 a.m. On the night between 11th and 12th October, 1995. Information about the occurrence was given to Muhammad Ismail, maker of the FIR by somebody. He lodged the FIR in which he expressed suspicion about Wali Khan, Sher Khan and Sardar Khan, petitioner No. 1.
3. The petitioners' learned counsel contends that Sher Wali Khan, petitioner No. 2 was not named in the FIR; that the petitioners were implicated due to suspicion; that there is no reliable evidence to connect them with the commission of crime; that on 12-10-1995 supplementary statement of Muhammad Ismail complainant was recorded in which he exonerated the petitioners and asserted that his brother was murdered by Wali Khan absconder, Nahar alias Imran and Nisar alias Hafiz; that the alleged recovery of gun was made from the petitioners' house on 12-10-1995 but they were actually arrested on 11-1-1996; that the complainant also made an application to the S.P. Cantt.
Lahore, stating therein that Sardar Khan and Sher Wali Khan, petitioners were innocent; and that Sher Wali Khan is a minor aged about 13/14 years.
4. On the other hand, learned State counsel submits that the name of Sardar Khan, petitioner No. 1, is mentioned in the FIR and recovery of gun has been made from him and that the challan has been submitted against the accused persons except Wali Khan, Nahar and Nisar whose case has been separated under section 512 Cr.P.C.
5. The maker of the FIR has himself exonerated the petitioners and asserted during the investigation that the real culprits were Wali Khan, Nahar alias Imran and Nisar alias Hafiz. For that reason the Investigating Officer found the petitioners to be innocent. The case-may require further probe and inquiry qua the petitioners' guilt but at this stage there are no reasonable grounds for believing that they had committed the offence alleged against them.
6. For the foregoing discussion this petition is accepted and the petitioners are allowed bail subject to their furnishing bail bonds in the sum of Rs. 30,000/- each with one surety eath in the like amount to the satisfaction of trial court.