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Criminal Miscellaneous No. 4151/B of 1976, decided on 25th February 1977.

‑‑ S. 497‑‑Petitioner found responsible for fatal shot at deceased in Police investigation but in private complaint filed by some informant relating to same incident, eye‑witnesses mentioned in F. I. R. consis tently exonerating petitioner of firing at deceased‑Bail allowed in circumstances.‑[Bail].

M. B. Zaman for Petitioner.

Malik Ghulam Safdar for the State.

Riaz petitioner, Altaf and Nazir are accused of the murder of Sardar deceased. The case was registered against them at Police Station, Nankana on 24‑8-1975.

2. Riaz petitioner applied for bail to this Court earlier and by my order dated 9‑6-76 (in Crl. Misc. 1851‑B‑76), his petition was dismissed on the ground "that he had obstructed Sardar (deceased) and later during investigation it was found that he had shot at the deceased and killed him".

3. In the present petition it is argued that a private complaint was also filed by Daulat (informant) and preliminary evidence of the two eye witnesses who are mentioned in the F. I. R. has been recorded by the Court. The complainant and these witnesses have accused Altaf of the fatal shot. Their evidence is thus against the finding of the Investigating Agency because they do not accuse the petitioner of firing at the deceased. It was further argued that under these circumstance, it would be a case of further inquiry into the guilt of the petitioner. There is force in this contention. The preliminary evidence of the eye‑witnesses had been recorded by the Court. They have consistently exonerated the petitioner of firing at the deceased. I therefore, allow bail to the petitioner in the sum of Rs. 10,000 (ten thousand), with two sureties in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Sheikhupara.

Petition allowed.

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