' DOST MUHAMMAD KHAN, J.--- Petitioner is seeking bail in case F.I.R. No,111 registered by Police Station Umarzai, Charsadda on 20-2-2009 for crime under section 302, P.P.C.
' Arguments heard and record perused.
2. Mst. Sheeba, the wife of the petitioner met death as a result of single fire shot inside the house of her husband. Report was lodged within two hours but it was said to be a case of suicide, however, when Muhammad Riaz the step-maternal-uncle of the deceased and the stepmother of the deceased intervened and because in the autopsy report no charring marks were found near or around the wound thus, the police was made to register a case against the petitioner.
3. The entire record was perused and the only evidence weakest in nature at the moment available against the petitioner is that the medical report does not confirm charring marks, however, a .30 bore pistol was used in the occurrence and the minimum and maximum range of charring in such a case is 6 inches to 9 inches. Whether a medical report of this nature would be sufficient for conviction of the petitioner is definitely a question mark.
4. The other material is the presumption against the accused because the deceased died due to bullet injury inside the house and he has to explain as to under what circumstances she died.
5. In the case of Khalid Javed Gillan v. The State PLD 1978 SC 256, the Honourable Supreme Court held and laid down the following principle : -- "The prosecution may prove its witness to be a man of unimpeachable character but the hostile relationship in between the accused and him is a relevant fact and than benefit of doubt if any shall go to the accused."
6. The Honourable Supreme Court in the case of Manzoor and 4 others v. The State PLD 1972 SC 81 held similar view.
7. It is by now more than settled law that in the case of circumstantial evidence all the pieces of evidence shall make one chain and its one end shall touch the dead body and the other the neck of the accused. The above standard of evidence/materials at the moment is not available. Let the Investigating Agency collect further evidence and if the trial Court after recording cogent convincing evidence find the petitioner guilty he may be convicted but on the available materials he cannot be refused bail on any legitimate ground.
' Accordingly, this petition is allowed and the petitioner is granted bail in the sum of Rs,1,00,000 (Rupees one lac) with two reliable sureties each in the like amount to the satisfaction of Illaqa/Duty Magistrate.