MAZHAR ALAM KHAN MIANKHEL, J.---Petitioners who were charged in case F.I.R. No,337 dated 22- 10-2008 registered under sections 302/353/120-A/120-B/364/436/324/148/149/404; P.P.C. read with section-314 Explosive Substances Act! 7, ATA, Police Station Kabal, District Swat, seek their release on bail on the grounds that they were not directly charged in the F.I.R. for the commission of offence; there is an unexplained delay in lodging of the F.I.R.; there is no direct or circumstantial evidence connecting the accused-petitioners with the commission of offence; the petitioners were arrested on 25-7-2010 on the source/information report dated 20-7-2010 after a period of about two years. The statements of four injured witnesses were recorded on 31-7-2010 who named the petitioners, but thereafter no identification parade was made. Such a delayed statements without identification parade and vague and general allegations in the information report, would in no way be sufficient to connect the accused-petitioners with the commission of offence. The question of their involvement in the commission of offence would Make their case as that of further enquiry. On mere allegations, petitioners could not be refused concession of bail.
2. As against that the learned A.A.-G. appearing on behalf of State submitted that the only material collected against the accused-petitioners is the above said information report and the statements of four injured PAW, which connect the accused-petitioners with the commission of offence. He further submitted that the challan in the case is complete and in a short span of time trial of the case would commence. Heinousness of the crime would not allow the petitioners to be released on bail.
3. The learned counsel for petitioners and the learned A.A.-G. were heard at length and record of the case was carefully perused. The record of the case would reveal that some four officials of the law enforcing agencies lost their lives and some of them also received injuries in the terrorist attack fully narrated in the F.I.R. More than thirty persons being the members of terrorist gang with the name of "Tahreek-e-Taliban, Swat" were named in the F.I.R. but names of the present petitioners were not there in the list. Similarly, the accused-petitioners were nabbed in the case on the basis of an information report, appearing for the first time about two years after the occurrence i.e,, on 20- 7-2010 but that too does not provide any specific source of information except the general allegations about the involvement of the accused-petitioners. The other material brought On the record in the shape of statements of the four injured officials of the security agency recorded under section 161, Cr.P.C. on 31-7-2010 wherein they named the accused-petitioners for the said occurrence and on their pointation some additions were also made on 31-7-2010 in the site plan prepared by the I.O. on 31-10-2009 about two years after the occurrence.
4. This is the entire material available against the accused-petitioners Whether such an amount of substance would be sufficient to establish prima facie involvement of the accused-petitioners for the commission of the offence is a question answer to which would determine the fate of this bail application. The information report and the Statements of the injured; both became part of the record after a period of two years would not be sufficient to establish prima facie involvement of accused-petitioners in the commission of offence. Such determination would' require further probe by the trial Court. Arguments of learned A.A.-G. that challan in the case is complete and' they will shortly be referred to the trial Court, in the circumstances would hold no ground to refuse bail.
Hence, this petition is allowed. The petitioners are directed to be released on bail subject to furnishing of bail bonds in the sum of Rs, 5,00,000 each with two sureties each in the like amount to the satisfaction of Illaqa/Duty/Judicial Magistrate.