RASHID AHMAD Versus THE STATE

ORDER

Thirteen accused including the two petitioners, namely, Rashid Ahmad and Bashir Ahmad were arrested under sections 148, 302, 307 read with section 149; P.P:C, by Thakriwala Police, district Faisalabad. Learned lower Court allowed bail to nine accused out of them but declined the same relief to the petitioners, hence this application.

2. According to FIR; Muhammad lqbal complainant with his son Manzoor were going on a cycle towards Adda Musafarkhana at the fateful time: and saw Ibrahim going near a sugar-cane field of Barkat Ali, whom Sarwar, Iqrar, Idrees, Amin and Maqbool accused, having emerged from a hiding, attacked with sticks. Sarwar and Iqrar accused dealt blows to him on the head as a result of which he fell down. Thereafter, other accused also dealt blows to him on his arms and legs. In the meantime, both petitioners armed with guns accompanied by Zulfiqar and five other persons also reached there on a trolley and opened fire at the P.Ws. but nobody was hit. Ibrahim died of the injuries.

3. I have heard learned counsel for the petitioners as well as for the State assisted by learned counsel for the complainant:

4. Admittedly, the petitioners reached the spot after the deceased had been dealt with by other accused of whom Sarwar, Idrees and Maqbool have already been allowed bail by the lower Court. The petitioners did not even touch the deceased. The allegation that they had fired at the P.Ws. also needs further probe as nobody was hit with firing by them. In the circumstances there is, prima facie f no reasonable ground for believing that they are guilty of committing an offence punishable with death or imprisonment for life. Resultantly, this petition is allowed. They are directed to be released on bail subject to their furnishing bail bonds in the sum of Rs. 20,000 each with one surety each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Faisalabad.

M.Y.H./R-61/L. Bail allowed.