EJAZ AFZAL KHAN, J. -- This petition for leave to appeal arises out of judgment dated 23.9.2011 of the Peshawar High Court, Peshawar whereby the petitioner in a case registered against him and another under Sections 302/324/34, P.P.C, vide F.I.R. No, 431, dated 10.8.2011 in the Police Station of Saddar Bannu, was declined bail.
2. Learned counsel appearing on behalf of the petitioner contended that the role of commanding the co- accused attributed to the petitioner appears to be a result of exaggeration which is customary in this part of the country to rope in even elders of the family so that he may not be at large to pursue the litigation. He next contended that the stay of the petitioner in the village despite being named in F.I.R., appears to be more consistent with his innocence rather than guilt, therefore, his case becomes arguable for the purpose of bail.
3. Learned counsel appearing on behalf of State assisted by the learned counsel for the complainant argued that when the tragedy in this case appears to have been enacted by the absconding co-accused on the command of the petitioner, his role would be that of an abettor, by all means, therefore, he does not deserve the concession of bail.
4. We have gone through the relevant record carefully and considered the submissions of the learned counsel for the parties.
5. The two persons are charged in the F.I.R. Petitioner is charged for commanding his son while the latter, who has gone into hiding, has been charged to firing effective shot at the deceased.
Whether the role assigned to the petitioner is a result of exaggeration which, more often than not, is resorted to in this part of the country to rope in even elders of the family so that he may not be at large to pursue the litigation; whether stay of the petitioner in the village despite being named in the F.I.R, could be held to be more consistent with his innocence rather than guilt when his son charged for the effective shot has gone into hiding after the occurrence and whether the role of commanding attributed to a person who himself is armed with a Kalashinkov could be held to be ornamental or at par with abetment, as is contended by the learned counselor the State, are the questions calling for further inquiry and thus tilt the scales of justice in favour of bail rather than jail.
6. We thus convert this petition into appeal, allow the same and direct the release of the appellant on bail if he furnishes bail bonds in the sum of Rs, 5,00,000/- (Rupees five, lacs only) with two sureties each in the like amount to the satisfaction of the learned Trial Court who is to ensure that the sureties are local, reliable and men of means.