' LIAQAT ALI SHAH, J.---The petitioner Irfan son of Zabita Khan, resident of Balo Khail Badaber Tehsil and District Peshawar seeks bail in F.I.R. No,523 dated 20-8-2009 registered under section 302/324/34, P.P.C, Police Station Badaber.
2. The matter was reported to the police by one, Ihtesham-ul-Haq, on 20-8-2009 at 22-50 hours.
According to the report, the complainant along with his brother deceased Habib Khan, and cousin Bahadar Shah son of Dilshad was present in Mohallah Bacha Khel when in the meanwhile, Iqbal, Irfan sons of Zabita Khan and Zafar son of Iqbal residents of Mohallah Balo Khel, duly armed with Kalashnikovs, came there and started firing at them. As a result of firing of the accused, brother of the complainant, Habib Khan, sustained injuries whereas the complainant and other eye-witness escaped unhurt. The injured was being taken in the motorcar to the hospital but he succumbed to the injuries .On the way. Motive for the offence, given in the F.I.R, is a quarrel which had taken place between the deceased and the accused some time prior to the occurrence.
2. During post-mortem examination, only one fire-arm entry wound was found on the person of the deceased. During spot inspection no empty was recovered. The accused-petitioner was arrested when his bail before arrest application was rejected by the learned Additional Sessions Judge.
3. Learned counsel for the petitioner contended that for single inlet wound three persons are charged; that the physical evidence including the site plan; negates the allegations; that the accused had voluntarily surrendered while appearing for pre-arrest bail.
4. On the other hand, the learned counsel for complainant argued that though the deceased had sustained only one inlet wound which has not been specifically attributed to any of the accused but to all of them, therefore each one is vicariously liable for the commission of the offence and the brother and nephew of the accused are still at large. The learned State counsel also opposed the grant of bail.
5. I have considered the arguments of the learned counsel for the parties and gone through the record.
6. The undisputed facts are that the deceased had sustained one fire-arm inlet wound; that the petitioner along with his brother and nephew is charged for the commission of the offence; that no empty has been recovered from the spot. Unlike his co-accused, the petitioner has voluntarily surrendered to the process of law.
7. Keeping in view the, above mentioned, undisputed facts coupled with volunteer appearance before the process of law, whether the same are compatible with his guilt or innocence, is a question which makes the case of the accused-petitioner one of further enquiry.
8. For the above stated reasons, this petition is allowed. The petitioner shall be released on bail provided he furnishes bail bonds in the sum of Rs,500,000 (Five lac) with three sureties, each in the like amount, to the satisfaction of the trial Court concerned.