ORDER RIAZ KAYANI, J.-- Muhammad son of Ghulam Muhammad seeks bail in a case registered vide FIR No. 184 with Police Station Mian Gondal, District Mandi Baha-ud-Din on 20.7.2000, under Sections 302/34 read with Section 34, PPC for the murder of Khizar Hayat and murderous assault on Mst. Shamim Akhtar his daughter.
2. Facts of the case as divulged in the FIR authored by Umar Hayat are that he alongwith his brother Khizar Hayat were going on a tractor accompanied by another person to purchase bricks and when they reached near the sugar-cane Khizar Hayat went towards north to ease himself. After some time they heard hue and cry of Khizar Hayat, when they went to his fescue they found the petitioner alongwith. His two sons Nasr Iqbal and As lam tying noose around the neck of Khizar Hayat to throttle him. On their shouts, all ,the accused took to their heels, but Khizar Hayat succumbed to suffocation and lateron it was found that sister of Nasr Iqbal, Muhammad Aslam and daughter of the petitioner was also injured with sharp and blunt edged weapon as the petitioner and his sons suspected Khizar Hayat to have illicit relations with Shamim.
3. Post-arrest bail was declined by the Additional Sessions Judge, Mandi Baha-ud-Din on 10.10.2000
4. Learned counsel contends that the petitioner. Was declared innocent by the police during investigation and has been placed in Column No. 2 of the challan which has been submitted in Court. It is further stated that murder, if any. Was committed by Nasr Iqbal having found his sister Shamim in the sugarcane crops together with deceased and that the petitioner being father of Nasr Iqbal has been roped in so as to deprive the whole family of making a proper defence, therefore, case being, false discretion should be exercised in his favour. Conversely, learned State counsel has opposed the grant of bail.
5. I have heard the learned respective counsels and have also seen the record.
6. I have gone through the post-mortem Report wherein cause of death of Khizar Hayat is shown to be asphyxia and I have also seen the medico legal report of Shamim wherein two injuries have been caused to her on the head with a sharp edged weapon and third injury by a blunt weapon. I have gone through the statement of Mst. Shamim wherein she has only named her brother Nasr Iqbal to have throttled Khizar Hayat when he attempted to make love with her in a sugar-cane field where she had gone to ease herself with her friend. Placing the petitioner in column No.-2 of the challan by the police further shows that his culpability regarding the murder of the deceased and causing injuries to Shamim is still in doubt. The correct facts, would come on record when the evidence, is adduced. For the present the petitioner has been successful to make out a case of further inquiry, and probe. Resultantly, I accept the application and allow bail to' the petitioner provided he furnishes security, in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the Trial Judge.