KHALID PAUL KHWAJA, J.~ On 5.7.1995 at Police Station Phool Nagar district Kasur a case under sections 302, 148 and 149 PPC was registered against Muhammad Hanif, Qasim, Rafique, Rehmat and Gulzar accused at the instance of Mohsin Ali. It was alleged that about 12 days prior to. The registration; of the case the afore-mentioned accused had formed an unlawful assembly- and in prosecution of their common object had murdered Muhammad Rafique the step-brother of the complainant. The motive for the occurrence was stated to be that about 20/21 days prior to the registration of the case the deceased had abducted the daughter of Muhammad Hanif accused who had been returned by the complainant to the house of her . Father with die help members of his Bratheri.. The complainant had also sought forgiveness on behalf of the deceased.
2. Mohsin Ali complainant is not an eye-witness of the occurrence. The FIR was lodged by him on the information supplied by Ahmed Ali who claimed himself to be an eye-witness of the occurrence.
3. The murder of Muhammad Rafique came to the notice .Of the police on 27.6.1995 when his dead body was recovered from a dilapidated room. It could not be identified at that time and therefore was buried after post-mortem examination as dead body of an unknown person.
4. Muhammad Hanif, his brother Muhammad Rafique. And son Gulzar accused, petitioners herein, who were arrested on 14.7.1995 have applied for their bail.
5. I have heard the parties' learned counsel and have gone through the record, with the help of the parties' learned counsel.
6. According to the story narrated by Ahmed Ali, the eye-witness, the deceased was taken to a abandoned Dhari by Rehmat Ali accused through deceitful means whereby subsequently Muhammad Hanif armed with a Toka, his brothers Qasim and Rafique, Rehmat aforesaid and son Gulzar empty handed came there. Ahmad Ali was pinioned. Muhammad Hanif gave a Toka, blow on the forehead of the deceased as a result of which he fell down. Gulzar caught hold of him by his legs while Rehmat caught him from his arms. Qasim and Rafique then inflicted brick-bat blows on his head and face, as a result of which the .Deceased died instantaneously The said accused then tried to kill Ahmad Ali who was let of on the undertaking that he would not narrate the incident to any-body.
7. Admittedly, there is an inordinate delay of 12 days in lodging of the FIR. There is a solitary eye- witness of the occurrence who kept quiet for a long time. Initially the SHO declared all the accused guilty but later on the investigation was conducted by to gazetted officers, namely, D.S.Ps Tariq Masood and Mirza Shabhir Baig. After the conclusion of the investigation by them they have opined that from the material collected by them they were of the view that Muhammad Hanif, Ghulzar and Rafique accused were innocent and that only Rehmat and Qasim accused were guilty. Learned counsel for the petitioner has criticized the statement of Ahmad Ali and has dubbed it as a statement I do not want to make any comment on the said statement of this stage because opinion by this Court of any at this stage would prejudice the case of either party. However,- since there is an inordinate delay of 12 days in lodging of the FIR and to gazetted officers of the police have declared the petitioners are innocent I am of the opinion that the case of the petitioners requires further inquiry and therefore the petitioners, namely, Muhammad Hanif, Gulzar and Rafique are admitted to bail in the sum of Rs. 50,000/- each with one surety each in the like amount to the satisfaction of the Ilaqa Magistrate, Kasur.