Shahid Hamid and Muhammad Ilyas alongwith five others are charged with the murder of Inayat Ullah deceased with fire-arms on 16-12-1993.
2. The prosecution case is that the complainant party was proceeding towards their house and when they passed in front of the Baithak of one Manzoor, they were intercepted by Shahid Hamid and Muhammad Ilyas petitioners and others. In the meantime, their companions, namely Allah Rakha and Saeed came their armed with guns and started quarrelling with the complainant party.
On the alarm, Inayat Ullah deceased and others reached there and asked the petitioners to refrain from quarrelling. Shahid Hamid, Muhammad Ilyas and Allah Rakha went upstairs and started firing at the complainant party resulting in injuries to Inayat Ullah deceased who died on way to the hospital. The occurrence was alleged to have taken place at the behest of Aman Ullah and Irshad Ahmad who were found innocent during investigation. The motive for the offence was that the parties belonged to different political groups.
3. Bail is sought on the grounds that in the F.I.R., no specific injury is attributed to any of the accused. Further, that the post-mortem report contradicts the ocular testimony. Mst. Saadia daughter of Muhammad Ilyas petitioner was also found to have received two fire-arm injuries of which there is' no explanation at all in the F.I.R., it is maintained.
4. Learned counsel for the State and the complainant have vehemently opposed the grant of bail to the petitioners. According to them, supplementary statement of Aman Ullah complainant was recorded on that very day in which he stated the rifle shot fired by Shahid Hamid petitioner had landed at the chest of the deceased which `proved fatal. They have further maintained that the F.I.R. Was promptly lodged and that the delay in the trial was taking place due to non---availability of the defence counsel.
5. No specific injury is attributed to Muhammad Ilyas petitioner and his daughter was also found injured with a fire-arm of which there is absolutely no explanation by the complainant party. Allah Rakha accused of the petitioners with similar allegations is stated to be on bail. In this view of the matter, the case of Muhammad Ilyas petitioners appears to be one of further inquiry. Accordingly, he is allowed bail in the sum of Rs.1,00,000 with two sureties in. The like amount to the satisfaction of Assistant Commissioner, Narowal. However, the application of Shahid Hamid petitioner is dismissed as a fatal blow is attributed to him.