' Applicants Allah Bux and Muhammad Umar have sought bail in a case registered at Police Station Warah for offence punishable under sections 302, 324, 148/149, P.P.C. And 13(d) of Arms Ordinance.
' According to F.I.R. a blood feud is going on between the parties and in that background on 8-11- 2001 at 8-30 p.m. Complainant Ghulam Nabi, his nephews Ghulam Hussain and Deedar Ali and relatives Sikandar and Mumtaz were attacked in their otaq by 18 persons namely 1. Ghulam Abbas,
2. Ibrahim,
3. Mehmood,
4. Umar,
5. Abdul Rehman,
6. Niaz,
7. Nazir,
8. Master Ahmed Khan,
9. Abdul Hadi,
10. Allah Bux,
11. Meeral,
12. Younis,
13. Eido alias Eid Muhammad,
14. Nazir,
15. Jalal alias Jarwar,
16. Shabir,
17. Mohsin and Abdul Majeed, all armed with rifles. Out of these assailants, 14 remained outside the otaq while four namely Ghulam Abbas, Ibrahim, Mehmood and Umar entered the and opened fire at the complainant party killing Ghulam Hussain and causing serious injuries to Deedar Ali the F.I.R. Was lodged by complainant Ghulam Nabi within one hour of the occurrence.
' Learned counsel for the applicants submitted that the eye-witnesses have twisted the story and given a different and conflicting version as against F.I.R. Therefore, the case of applicants calls for further inquiry. He relied on Sabzal v. State (2002 PCr.LJ 220). Mr. Sher Muhammad Shar, Assistant Advocate-General for The State conceded to the grant of bail to applicant Muhammad Umar but opposed the bail plea on behalf of applicant Allah Bux on the ground that in their statements recorded under sections 161 and 164, Cr.P.C. The P.Ws. Have implicated Allah Bux.
I have considered these contentions. The F.I.R. Has been lodged within one hour of the occurrence and it has been expressly mentioned therein that the assailants were identified in the light of electric bulbs. Surprisingly, the version of complainant has been wholly contradicted by the eye- witnesses, as regards the number of assailants. They have stated that the complainant had exaggerated the number. Interestingly, the complainant in his further statement has also followed the foot steps of other eye witnesses contradicting himself. It is also noted that the Investigating Agency has cared a little to record the statement of injured witness Deedar Ali Gaincho, while the statements of remaining eye-witnesses have been recorded on 29-1-2002 i,e, to say after a peri9d of about 2 months and 21 days and there is no apparent explanation to justify this.
' Besides, according to F.I.R. Ghulam Abbass, Ibrahim, Mehmood and Umar made fires, but according to aforesaid belated versions Abdul Rehman, Niaz and Allah Bux opened fire and they were accompanied by Muhammad Umar the applicant empty handed. Mr. Sher Muhammad Shar, Assistant Advocate-General. Is justified in submitting that the police has been negligent in collecting valuable evidence; and, according to him, the prosecution can explain its position at the trial but. I am persuaded to hold that for the time being above improvements and admitted exaggerations at least bring the case of applicants within the ambit of further enquiry.
Consequently, the bail plea is accepted and the application is allowed. The applicants be released on furnishing surety in the sum of Rs,300,000 each and P.R. Bond in the like amount to the satisfaction of trial Court.
' Copy of this order may be forwarded to the I.-G. Police and D.P.O concerned who level deal with may at their own the delinquent police officers about their negligence and indifferent attitude towards ' investigation.