' This is a bail application on behalf of two persons namely, Muhammad Sharif son of Baggu and Quraish. The allegations against them are that on 2-3-1977 at about 2 p.m, together with two other persons, they fired at the shop of Mohammad Usman from the roof top of one Sharif Sheikh.
Gulsher deceased who was present at the shop climbed on the roof of the nearby mosque. As he tried to have a look at the assailants he was hit. He died, but no other person from the side of the complainant party was hurt. The occurrence was reported at Police Station Chakbedi on the same day at 3 p.m. It may be mentioned that the said Chak is at a distance of four miles from the village of the parties.
2. The motive for the occurrence was stated to be a dispute between the co-accused of the petitioners with the complainant party over the possession of some agricultural land.
3.In the F. I. R. The shot which killed the deceased has been ascribed to Sharif son of Mumtaz. The Investigating Officer had recovered two empty cartridges from the roof from where the complainant party was fired at. These empty cartridges were not fired, from the revolver and the gun IA recovered from the possession of the two petitioners. It is also not clear how the two petitioners were involved in the dispute over the possession of the land. The case against the petitioners rests entirely upon the ocular evidence which is being furnished by the close relatives of the deceased. It is true that the F. I. R. Was registered soon after the occurrence. This fact: is, however, to be viewed in the light of the strained relations between the] parties. I, therefore, think that this is a case where the petitioners ought l to be released on bail during the pendency of the trial. Accordingly, I direct that the petitioners may be enlarged on bail on their executing bonds in the sum of Rs, 25,000 with two sureties each in the same amount to the satisfaction of the Assistant Commissioner, Pakpattan.