' Naseer son of Bashir and five others are accused of the murder of Abdur Razzak. The case was registered against them at P. S. Saddar Bairuni, Rawalpindi on 6-6-76.
2. It is alleged that Mst. Azra sister of the petitioner was married to the brother of Abdur Razzak deceased. Their relations became strained and they separated. A suit for the restitution of conjugal rights was filed by the brother of the deceased. According to the prosecution, in the evening of 5- 6-76, the petitioner, along with Zaheer, Muhammad Arif, Javid, Rafi, Naseer son of Abdur Rashid accused took away Abdur Razzak from the Raja Bazar to effect a compromise with him about the separation of his sister. The next morning, his dead body was found lying in the field in village Sheikhupura. The dead body bore one fire-arm injury, a blunt weapon injury and a stab wound. The matter was reported by the father of the deceased and during investigation, it transpired that the aforementioned five accused along with Rehmat and Riaz had committed the murder.
3. There is no direct evidence in this case. The police found the petitioner, Muhammad Arif, Muhammad Javaid and Naseer son of Rashid accused innocent. Muhammad Rafi accused made an application before the higher police officials about his innocence and raised a plea of alibi. The case was re-investigated but his plea of alibi did not find favour with the Investigating Officer and all the eight accused were found guilty for the alleged crime. The learned Sessions Judge allowed bail to Arif, Javaid and Naseer son of Rashid on the ground that they were found innocent by the police and that no incriminating article was recovered from them. He refused bail to the petitioner because he was alleged to have threatened the deceased with dire consequences in a Punchayat.
4. On behalf of the petitioner, it was contended that there was no direct enmity of the petitioner with the deceased. Learned counsel for the complainant replied that in fact it was the deceased who stood in the way of a compromise and was responsible for the failure of the Punchayat. I have considered the matter. Except for the allegation of a dispute between the sister of the petitioner and her husband and the allegation that the deceased was last seen with the petitioner and others, there is no other incriminating A piece of evidence alleged against him. I, therefore, allow bail to the petitioner in the sum of Rs, 10,000 (Rs, ten thousand) with two sureties in the like amount to the satisfaction of A. C., Rawalpindi.