ALI ASGHAR AND OTHERS Versus THE STATE

ORDER

This is an application for grant of bail to Ali Asghar and Muhammad Khalid petitioners in a case under section 302/148/149, P.P.C. registered at P.S. Saddar, Gujrat, vide F.I.R. No. 702/86 dated 12-11-1986.

2. The prosecution case is that the petitioners and 4 others in furtherance of their common object launched murderous assault and caused the death of Muhammad Arif on 12-11-1986 in the area of village Gorali of P.S. Saddar Gujrat.

3. Learned counsel for the petitioners submits that the names of the petitioners are not mentioned in the F.I.R. and so-called eye-witnesses whose evidence was recorded on the following day of occurrence, in affidavits sworn by them have exonerated the petitioners from the commission of crime. Learned counsel for the State is not in a position to controvert him.

4. I have considered the submissions made by the learned counsel for the parties with care. I find that the names of the petitioners are not mentioned in the F.I.R; that during investigation, the police recorded statement of 4 persons namely Shaukat Ali, Wasim-ud-Din, Sikandar and Munawar, who claimed to be the eye-witnesses of the occurrence; that the aforesaid 4 eye-witnesses have sworn affidavits exonerating the petitioners from the commission of crime and that on the last date of hearing the aforesaid for eye-witnesses had appeared E before the Court and owned their affidavits.

For what has been said above, without making any expression of opinion lest it may prejudice the merits of the case, I feel that case for grant of bail of the petitioners has been made out. The are, therefore, allowed bail in the sum of Rs.20,000 with one suret each in the like amount to the satisfaction of A . C . /Duty Magistrate Gujrat.

S.A./A-267/L Bail granted.