MIAN NAZIR AKHTAR, J.- Muhammad Asghar, petitioner, seeks bail in a case registered against Mukhtar Ahmad etc. Vide FIR No. 310, dated 24.5.1998, for an offence under Sections 302/34, and 452 of the PPC at P.S. Kharian Sardar, District Gujrat.
'2. . The report was lodged by Raj Wali complainant who stated in the FIR that he had gone to the house of his niece Mst. Irshad Begum in village Kolian Habib; that he as well as Murad Ali, Hasnat Ahmad and Mst. 'Irshad Begum sleeping in the court-yard of the house; that at about 2.30 a.m.
Three persons named Mukhtar Ahmad armed with rifle, Arif with a 12 bore gun and Bashir Ahmad with a 30 bore pistol; that on hearing the sound of the foot-steps he got up and identified the three accused in the light of the electric bulb; that he had an altercation with the accused whereupon the other inmates of the house also got up; that Irshad Begum raised hue and cry, whereupon Mukhtar Ahmad and Arif find at her with their respective weapons causing a number of injuries on different parts of her body. That Bashir Ahmad also find in the air with his pistol and that Mst. Irshad Begum succumbed to her injuries at the spot.
2. I have heard learned counsel for the petitioner and the State. The petitioner is not named in the FIR and was found to the innocent during the course of investigation. His name has been placed under column No. 2 of the challan. The prosecution story embodies in the FIR was found to be incorrect and the three accused person nominated therein were discharged on 14.10.1998 by the order of Syed Muzaffar Ali Shah, Magistrate lst Class. Instead the present petitioner and 7 others including Raj Wali complainant were implicated in the case on an application submitted by Muhammad Azam brother-in-law of the deceased. Out of the 8 accused persons, again 6 accused including the petitioner were found to be innocent during the course of investigation. In this view of the matter the case may require further probe and inquiry but at this stage there are no reasonable grounds for believing that he had committed the offence alleged against him.
3. For the foregoing discussion the petition is accepted and the petitioner is allowed bail subject to his furnishing bail bonds in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of Judicial Magistrate, Kharian.