NASIR ALI Versus STATE

ORDER

This is a petition for grant of bail on behalf of Nasir Ali and Mehdi Khan, petitioners herein, who stand arrested in case F.I.R. 536/92, dated 28-11-1992, registered at Police Station Chak Jhumra, District Faisalabad, at the instance of Qasim Ali, nephew of Ashiq Hussain deceased. Petitioners' bail plea was declined by the lower Court, hence this petition.

2. I have heard learned counsel for the petitioners as well as for the State assisted by learned counsel for the complainant and also perused the record.

3. According to the F.I.R., petitioners herein alongwith Sana Ullah, Saif Ullah and Muhammad Ishaq fired at and killed Ashiq Hussain on 28-11-1992 as a sequel to old enmity. During investigation local S.H.O. found them guilty. The case was reinvestigated by D.S.P. Nabi Bakhsh Luck, S.D.P.O. who found petitioners innocent on the basis of plea of alibi raised by them and the witnesses produced in support thereof. These findings were approved by S.P. and D.I.-G. Range Police and consequently they have been placed in Column No.2.

4. Since the petitioners have been found innocent by gazetted Police Officer and their names have been placed in Column No.2, therefore, the case of petitioners, to my mind, is squarely covered by subsection (2) of section 497, Cr.P.C. Consequently *this petition is allowed. The petitioners shall be released subject to their furnishing bail bonds in the sum of Rs.20,000 with one surety in I h the like amount each to the satisfaction of trial Court.

N.H.Q;/N-215/L Bail allowed.