' Petitioners Ibrar Hussain, Javed Iqbal and Zameer Ullah seek bail in a case registered with Police Station Saddar, Gujrat vide F.I.R. Dated. 19-9-1995 for an offence under section 302/34, P.P.C. The case was got registered by Ahmad Khan with the allegation that on 19-9-1995 at about 8-30 p.m.
He was present in his house with his son Muhammad Riaz. In the meanwhile, one Ghulam Hussain came to his house and took first informant's son with him. His son also took along his .7 mm rifle. At about 1-30 at night on 20-9-1995 first informant woke up on account of knocking at the door and when opened the same he found Ibrar Hussain, Javed Iqbal and Zameer petitioners present. They came in and asked if Riaz had come back. They were told that he had not come back therefore they informed that they with Riaz were coming back and on account of firing they ran away. Riaz was not with them therefore, they had come to find out if he had reached home. On account of this information the first informant sent his other son Muhammad Nawaz to find about Muhammad Riaz. Muhammad Nawaz came after an hour and informed that Riaz was lying in a field with a bullet injury. Therefore, the present case.
2. It was contended by-learned counsel for the petitioner that the case against the petitioners was highly doubtful and the case was got registered with a delay of 11 hours. Argued that there was no eye-witness account of the occurrence and the case has been got registere'd on account of suspicion. The contentions were opposed by learned counsel for the State.
3. I have heard the learned counsel and gone through the file. The petitioners are named in the F.I.R.
But they came to the house of the first informant to enquire about his son Muhammad Riaz whose dead body was found A subsequently lying in the fields. The conduct of the petitioners suggests that they could not have been involved in the occurrence, otherwise they would not have come to the house of the deceased immediately after the murder to build a defense. Petitioners were involved on account of supplementary statement made by the first informant, which can be considered only at the time of trial. No recovery, which could possibly connect the petitioners with the alleged occurrence, has been affected. Prima facie, it appears that it is a case of further inquiry.
Therefore, the petitioners are allowed bail provided each of them furnishes security in the sum of Rs,50,000 (Rupees fifty thousand only) with two sureties, each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Gujiat. It is, however, directed that the trial of the case shall be concluded expeditiously subject to just exceptions.