' SHAH JEHAN KHAN YOUSAFZAI, J.---Accused-petitioner Sattar Ali who is under arrest in case F.I.R.
No,742 dated 29-5-2010 under section 324/34, P.P.C. Registered at Police Station, Kalu Khan District Swabi, was refused bail by the Courts below. Now he has approached this Court for his release on bail.
2. As per contents of the Murasila on 29-5-2010 at 13.20 hours Faiq Zaman complainant made the report of the incident to the effect that on the same day at about 12.30 hours he was busy in preparing fodder for buffaloes in his house when his son Siddique Zaman told him that accused Waizar Ali, Tauheed Ali Zulfiqar and Sattar duly armed came and are taking the buffaloes from the Khander. The complainant and his son came to the spot where they saw the accused party with whom verbal altercations took place on taking the buffaloes. In the meanwhile all the four accused started firing at the complainant party as a result of which Siddique Zaman son of the complainant sustained injuries while the complainant himself escaped unhurt.
3. I have heard the learned counsel for the accused-petitioner as well as the learned State counsel and have also gone through the record of the case with their able assistance.
4. Without going into deep merits of the prosecution case or the plea of defence, suffice it to say that for the solitary injury and that too not on the vital part of the body of the victim, four persons are charged. It is stated at the bar that on the following day of the occurrence brother of the accused-petitioner was murdered by the complainant party vide F.I.R. No,747 dated 30-5-2010 under sections 302/34, P.P.C. The occurrence could be committed by the single accused in view of the solitary injury sustained by Siddique Zaman victim aged about 8/9 years. The motive indicates that the complainant party was not paying the price of the buffalo and the accused-party was trying to take away the said buffalo and there was no previous enmity or between the parties.
Involvement of the accused-petitioner in the commission of the offence requires further inquiry.
5. Consequently this bail application is allowed and the accused-petitioner Sattar Ali is admitted to bail provided he furnishes bail bond in the sum of Rs,1,00,000 (rupees one Lac) with two sureties each in the like amount to the satisfaction of Illaqa/Duty Judicial Magistrate who shall ensure that the sureties must be local, reliable and men of means.
' The above are the reasons of my short order announced on 7-9-2010.