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‑‑S. 497/498 and Penal Code (XLV of 1860), S. 302/34‑Bail‑Out of three eye‑witnesses, two eye‑witnesses including complainant not supporting case of prosecution in their statement under section 164, Cr. P.C‑Matter requires further inquiry‑Bail granted.

M. Sultan Alam for Petitioners.

Ch. Nazir Ahmad for the State.

Date of hearing : 9th March, 1982.

Petitioners, Alam Shah and Wilayat Shah, have moved this petition for bail in a case under section 302/324/452/34, P.P.C. registered at P.S. Kabirwala vide F.I.R. No. 98 dated 27th April, 1981.

2. The prosecution case is that the petitioners in furtherance of their common intention caused the death of Muhammad Ramzan on 25th April, 1981 in the area of Chak No. 18/A.H. of P. S. Kabirwala. As for the petitioners, it is alleged that Alam Shah while armed with a knife and Wilayat Shah with a spear caused injuries to Muhammad Ramzan, who subsequently succumbed to the same.

3. Learned counsel for the petitioners submits that the complainant and Ahmad Bakhsh, eye‑witnesses, in their statements recorded under section 164 have exonerated the petitioners. Before me, Muhammad Yousaf and Ahmad Bakhsh have owned their statements under section 164, Cr. P.C. As against this, learned counsel for the State has opposed this application.

4. After hearing the learned counsel for the parties, I find that out of three alleged eye‑witnesses two eye‑witnesses including the complainant, who is first cousin of the deceased and Ahmad Bakhsh P.W. have not supported the prosecution case in their statements recorded under section 164, Cr. P.C. (certified copies placed on the record) and, as such, the matter requires further inquiry. The petitioners are, therefore, allowed bail in the sum of Rs. 20,000 (rupees twenty thousand) each with one surety each in the like amount to the satisfaction of A.C., Kabirwala.

M.Y.H. Bail granted.

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