RASHID AZIZ KHAN, J.- Petitioners Bilal and Ashiq seek bail in a case registered with Gujranwala District Faisalabad vide FIR No. 537, dated 23-7-1996 for an offence under Section, 17 (Haraba)
Offences Against Property (Enforcement of Hudood) Ordinance, 1979. The case was got registered by Munawar Hussain Shah with the allegation that he had built a Poultry Farm in his village. On the night of 21-7-1996 first informant with Khalid and Sajid Ali was sleeping in his Poultry Farm. At about 12-30 at night to persons, one was armed with pistol and the other with dagger, who had muffled their faces, came there. The man armed with pistol forbade the first informant not to rise noise. First informant grappled with him. During grappling their faces were exposed and he identified them as the petitioners. While leaving, they also deprived the first informant of Rs. 10,000/-. Subsequently, the relations of the accused came to return the money as well.
2. It was contended by learned counsel for the petitioners that the circumstances narrated in the FIR do not appeal to reason. Argued that according to the FIR first informant started grappling with one of the accused but there is no explanation how the face of the co-accused became exposed and he was identified. The contentions were opposed.
3. I have heard the learned counsel and gone through the file. Petitioner had initially muffled their faces. Subsequently, their faces were exposed and they, were identified. It does not appeal to reason that in such a situation would his face to be exposed if he was awoked. Nothing prevented the petitioners from using their respective fire-arms. The investigation is complete. Petitioners are not required for the said purpose any more. In these circumstances, both the petitioners are - allowed bail provided each of them executes bail bond. In the sum of Rs. 50,000/- (Rupees fifty thousand only) with to sureties each, in the like amount to the satisfaction 'of the Judicial Magistrate/Duty Magistrate, Faisalabad.