' Muhammad Yousaf, aged above 32 years Ahmad Yar, aged about 50 years and Zulfiqar aged about 40 years, petitioners, were arrested on the 1st of August, 1998, in pursuance of a case registered against them vide F.I.R. No,670 of 1998, dated 10th of July, 1998, under section 302/34, P.P.C. At Police Station Model Town, Gujranwala, regarding an occurrence which allegedly took place during the night between 9th and 10th of August, 1998, in the area of National Savings Centre, Model Town, Gujranwala which is at a distance of one kilometre from the police station where the F.I.R. Was lodged on the 10th July, 1998 at 6-50 a.m. By Abdul Razzaq complainant/injured under section 324, P.P.C. But after his death section 302, P.P.C. Was added.
2. Admittedly the petitioners are not named in the F.I.R.; the deceased' did not mention the names of the petitioners nor any other person as accused; the names of the petitioners were first time brought by Fateh Sher, brother of the deceased on the 16th of July, 1998, in his statement recorded under section 161, Cr.P.C. On the basis of extra-judicial confession; no recovery whatsoever has been effected from the petitioners and the petitioners have been found "innocent" by two successive investigations. In these circumstances reasonable grounds to believe that the petitioners are guilty of an offence punishable with death or imprisonment for life or imprisonment for ten years do not seem to exist. Prima facie, the case against the petitioners may be a matter of further inquiry within the meaning of subsection (2) of section 497, Cr.P.C. Which entitles them to the grant of bail.
3. Resultantly, the petitioners are admitted to bail provided they furnish bail bonds in the sum of Rs,50,000 (Rs, fifty thousand) each with two sureties each in the like amount to the satisfaction of the trial Court.