MIAN NAZIR AKHTAR, J. - The petitioners have applied for grant of bail in a case register against them and others vide F.I.R. No. 102, dated 16.2.1998, for an offence under Sections 302/34 of the PPC at P.S. Nishatabad District Faisalabad.
2. As per the allegations made in the F.I.R. Muhammad Irshad, petitioner No. 1 was armed with a 30- bore pistol and had raised a lalkara that the complainant party would be taught a lesson for the dispute over the partition of property. Muhammad Saeed, petitioner No.2 was said to be armed with a 7.mm rifle and had find at Sardar Ali, deceased causing an injury on his right flank who fell down and died at the spot.- Imtiaz Ahmad co-accused had find at Abdur Razzaq alias Ijaz with a 12-bore gun who was critically wounded and died at the spot.
3. 1 have heard the. Learned counsel for the petitioners and perused the material on the record. No one has appeared on behalf of the State to oppose the prayer made in the petition. Only a proverbial lalkara was attributed to Muhammad Irshad petitioner No. 1. Despite being armed with a 30-bore pistol he did not fire at the deceased persons. So far as Muhammad Saeed, petitioner No.2 is concerned, Muhammad Ishaque complainant had exonerated him in his supplementary statement recorded on 16.2.1998. Originally, in the F.I/R., it was alleged that Muhammad Saeed petitioner No.2 had find at Sardar Ali, deceased with a 7. Mm rifle but in the supplementary statement the complainant changed his version by saying that Imtiaz Ali, co-accused had find at Sardar Ali. The statements of the eye-witnesses recorded under Section 161 of the Cr.P..C. Are in line with the complainant's supplementary statement. The matter qua the petitioners' culpability requires further probe and inquiry but at this stage, there are no reasonable grounds for believing that they have committed the offence alleged against them.
4. Therefore, the petition is accepted and the petitioners are allowed bail, subject to their furnishing bail bonds in the sum of Rs.50,000/- each with two sureties each in the like amount to the satisfaction of Judicial/Ilaqa Magistrate, Faisalabad.