' MUHAMMAD ALAM KHAN, J.--- This is an application for cancellation of bail moved by the complainant/petitioner Asghar Khan in case F.I.R. No,276, dated 18-6-2008 under section 302/34, P.P.C. Of Police Station Cantt. Bannu against the order, dated 30-6-2008 passed by the learned Additional Sessions Judge-III, Bannu, whereby Kamran and Imran, accused/respondents Nos.1 and 2 were admitted to bail.
2. The allegations against the accused/respondents as gleaned from the F.I.R. Are that when the complainant and his brother Humayoon were going towards their house situated in Sokari Zabta Khan and at 1415 hours when reached at the end of the main street, accused Gul Waris Khan, Kamran and Imran came from their house who caught hold of Humayoon and gave him kicks and fists blows due to which blood came out from his mouth and nose, whereafter all the three accused dragged them to their house. Humayoon was having a .30 bore pistol tied beneath his shirt which was snatched by accused Gul Waris Khan. The complainant was caught hold of by accused Kamran while Humayoon was caught hold of by accused Imran and Humayoon was fired at with the .30 bore pistol by accused Gul Waris Khan with which he was hit, fell to the ground and expired there and then. The complainant when get free from the clutches of accused Kamran ran and went out from the house. Motive for the offence was given to be previous blood feud.
3. I have gone through record of the case and considered the valuable arguments of the learned counsel for the parties.
4. Perusal of the record reveals that the accused/respondents were empty-handed at the time of occurrence and no effective role has been assigned to them. Only the role of catching hold has been attributed to them by the complainant and their vicarious liabilities would be determined during the trial. The tentative assessment of the materials so far brought on record, prima facie, brings their case within the ambit of further inquiry entitling them to the concession of bail. The impugned order of the Court below is neither perverse nor fanciful so as to warrant interference by this Court.
5. Consequently, while deriving wisdom from the case reported as Muzaffar Iqbal v. Muhammad Imran Aziz and others 2004 SCM R 231, I do not find any substance in this bail cancellation application which is accordingly dismissed "in limine."
' Above are the reasons for my short order of even date.