Syed ALI RAZA AND 15 OTHERS vs THE STATE----

ORDER

1. A case is registered against the petitioners under section 302/307/325/452/148/149, P. P. C. At Police Station Lodhran, District Multan, on the 14 of June, 1978. The allegation is that from amongst the petitioners five were armed with hatchets, the other five with solos, one with harehi one with kaseola, and two with revolvers. From one, namely Syed Ali Raza Shah petitioner No. 2, revolver had been snatched in an earlier incident and Said Shah petitioner No. 2 is not described as having carried any weapon. From the perusal of the F. I. R. It appears that there was some dispute pertaining to the possession of land between the parties and the occurrence took place in the form of a fight. On the complainant side Muhammad Bakhsh died in the course of the occurrence whereas three other persons, namely. Ghulam Rasool, Rahim Bakhsh and Muhammad Nawaz P. Ws.

2. Were injured and on the accused side five persons were injured, namely, Syed Ali Raza Shah, Said Shah, Hazoor Shah, Muhammad Shafi and Muhammad Sharif petitioner. They had injuries on their persons. There are three eye-witnesses of the occurrence namely, Ghulam Rasool. Rahim Bakhsh and Muhammad Nawaz P. Ws. Who are themselves injured They have placed their affidavits dated 19th August, 1978 and 20th August. 1978 on the record and these are to the effect that a fight did take place but the petitioners were not involved therein and a group of different persons was involved in the same. The investigating Officer is present alongwith the record. He has stated that Ghulam Rasool P. W. Was the first informant in the instant case and on the basis of the testimony of the eye-witnesses the petitioners were im--plicated as their names were mentioned in F. I. R. Fie has further stated before me that their statements were recorded by him under section 161, Cr. P. C.

3. But their statements were not recorded by the Magistrate under section 164, Cr. P. C. In any case, now they have placed on record the aforementioned affidavits in which they are advancing anth entirely different version and their sworn affidavits are to the effect that the petitioners were not the assailants but some other people. In that view of the matter. Without commenting on the nature of evidence so far collected by the investigating agency against the petitioners I admit them to bail subject to their furnishing security in the sum of Rs. 20,000 (Rupees twenty thousand only) each wish two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Lodhran. District Multan. This petition stands disposed of.