IHSAN-UL-HAQ CHAUDHARY, J.- The petitioners were cited as accused along with Ghulam Rasul in FIR No. 124 dated 12.11.1996 under sections 302/34 PPC with Police Station Isa Khel, District Mianwali. It was alleged that the accused on 11.11.1996 at about 8.30 p.m. While armed with shot guns attached Ghulam Naseer deceased. Ghulam Rasul opened attack with fire hitting the deceased on hi-s back while the petitioners fired in the air and thereafter fled away. The petitioners were, arrested. They moved an application for grant of bail. The same was considered by the Sessions Judge, Gujranwala and dismissed vide order dated 14.4.1997. Now this petition. Notice was issued to the State which is represented by Mian Faruq Ahmad, Advocate while Malik Zubair Ahmad Awan,.
Advocate has appeared for the complainant.
2. It is argued that at the best the petitioners were assigned role of ineffective firing in the air. It is added that the petitioners did not cause any injury to anyone and they have been falsely implicated. It is added that it is a night occurrence and was not witnessed by anyone. It is argued that no empty was recovered by the police.
3. On the other had, the learned State counsel argued that the petitioners suspected that Ghulam Naseer had illicit relations with Mst. Zohran Bibi. It is added that the accused are dearly nominated in the FIR. While the learned counsel for the complainant argued that the petitioners and their co- accused are guilty of brutal murder and not entitled to grant of bail.
4. I have given my anxious consideration to the arguments advanced on behalf of the parties and gone through the record. Neither the petitioners caused any injury to the deceased nor to any of the eye witnesses. The corroborative evidence in form of recovery of empties is missing, therefore, very strong evidence is required to prove participation of the petitioners in the occurrence. The learned counsel for the complainant argued that the petitioners have motive to' attack Ghulam Naseer. He lost sight of the fact that the motive is a double edge weapon, in any case the case against the petitioners is of further inquiry.
5. The upshot of the above discussion is that this application is allowed. The petitioners are admitted to bail pending decision of the case against them subject to their furnishing bail bond in the sum of Rs. 30,000/- each with to sureties each in the like-amount to the satisfaction of the trial Court.