Heard.
2. As a result of the case bearing F.I.R. No,166 registered with Police Station Basti Malook, District Multan, on 19-5-2001, under sections 302 and 109, P.P.C. the petitioners Imam Bukhsh and Abdul Rasheed stand involved in the allegations that on their instigation their brother Muhammad Shafi while armed with a Toka on 19-5-2001 at about 1-30, p.m. committed the Qatl-i-Amd of Allah Dewaya father of the complainant while inflicting Toka blows. The motive behind the occurrence was that Muhammad Shafi accused suspected that the deceased is selling 4 Kanals of land owned by him and that one Kanal of land illegally possessed by him will be taken over due to same. So, the above-said case was registered at the instance of Allah Rakha complainant.
3. Learned Counsel for the petitioners argued that regarding baseless allegation of instigation there is no sound evidence on the record and that the petitioners have been involved falsely because of close relationship with the co-accused, therefore, to the extent of petitioners this case calls for further inquiry, which have been opposed by the learned State Counsel assisted by learned counsel for the complainant who submits that there .is sound evidence to connect the petitioners with the commission of offence under section 109, P.P.C., therefore, it is not a fit case for bail.
4. It appears from -the perusal of the record that regarding question of allegation of conspiracy or instigation there is no sound evidence because had there been any evidence the deceased would have been informed in this regard quite earlier., anyhow this assessment is tentative in nature. They did not cause any injury to the deceased. They were not present at the spot; they are not connected with the motive, however, it is correct that they are close relatives of the main accused, therefore, there is possibility of their false involvement and being so the facts of the case call for further inquiry".
5. As a consequence of the above discussion, the petitioners Imam Bukhsh and Abdul Rasheed are admitted to bail subject to their furnishing surety bonds in the sum of Rs,2,00,000 (Rupees two lacs only) with one surety each in the like amount to the satisfaction of the learned Sessions Judge, Multan.