' QAISER RASHID KHAN, J.---Having been denied the concession of bail by the learned lower fora in case F.I.R. No,11 dated 8-1-2013 registered under section 302/34, P.P.C. At Police Station Gulbandai, District Buner, the petitioners namely, Khan Farosh and Nadir Khan have now approached this court for the same relief.
2. The allegations as contained in the F.I.R. Lodged by Naseeb Roz complainant are that on 8-1-2013 at 0700 hours, the accused/petitioners dragged his nephew Ali Khan to their house and thereafter committed his murder by firing at him.
3. The learned counsel for the petitioners argued that there is an inordinate delay in the F.I.R. As the occurrence had taken place at 7 a.m. And the report was lodged at 1330 hours; that in fact the complainant party had aggressed upon the petitioners at their home and due to the firing of Ali Khan, the sister of petitioner No,1 namely, Mst. Naseeb Zamina was injured and in this respect F.I.R.
No,10 of the even date with the same time of occurrence was registered against the complainant, his brother and deceased Ali Khan; that the present case is of cross version; that the accused/petitioner No,2 was not present on the day of occurrence as he had spent the night at the house of his relatives at Tbpai Chigharzai, Buner and in this respect the relatives had also furnished an affidavit; that there is no independent evidence to support the allegations levelled against the accused/petitioners and that the case being one of further inquiry, the accused/petitioners are entitled to the concession of bail.
4. On their turn, the learned A.A.-G. Assisted by the learned counsel for the complainant fully supported the impugned orders for the reasons and grounds mentioned therein and opposed the bail petition of the petitioners tooth and nail.
5. Arguments heard and record perused.
6. As per the F.I.R., the complainant accompanied by his nephew Ali Khan when passed nearby the residence of the accused/petitioners on the way to village Mera Gomran Dheri in order to offer Fateha', Khan Farosh and his son suddenly came out of their house, dragged Ali Khan inside the house, whereafter firing took place and the complainant in order to save his life ran towards the jungle and after a while he came to know that his nephew Ali Khan had been done to death by the accused/petitioners and his dead body was lying inside the house of the accused. Motive as cited was that Mst. Taj Sewa daughter of Khan Farosh was married to deceased Ali Khan for 10/11 years and due to strained relations, she had been living in her parents house for the last 3/4 years and had also instituted a suit for dissolution of marriage before the court. The version of the complainant finds support from recovery of the dead body of the deceased from the house of the accused/petitioners with multiple bullet wounds, recovery of 11 empties of 7.62 bore from the spot coupled with the recovery of weapon of offence on the pointation of the accused/petitioners, the medical report and the site plan. At bail stage, the court has to take a tentative account or for that matter a bird's eye view of the available record which prima facie connects the accused/petitioners with the commission of offence entailing capital punishment and thus they are not entitled to the concession of bail. As far as the cross-version pleaded by the accused/petitioners is concerned, the courts are not bound to consider every cross-case to be a fit case for further inquiry and to grant bail to the accused, given the fact that only tentative assessm ent is permissible at bail stage. Reliance is advantageously placed on a case titled Arif Din v. Amil Khan and others (2005 SCM R 1402).
7. For the reasons mentioned above, the instant bail petition being without substance is hereby dismissed.
8. Any observations made in the judgment being tentative in nature shall in no way prejudice the proceedings before the learned trial Court.