' ' LAL JAN KHATTAK, J.---Through the instant criminal miscellaneous bail petition, petitioners Saeed Ahmad etc. Seek their release on bail in Case No,891 dated 1-10-2012 registered against them under sections 302/324/34, P.P.C. At Police Station Cantt. D.I. Khan.
2. Relevant but short facts of the case are that on 1-10-2012 at 17-30 hours Rehmatullah reported A.S.I. Rehmatullah in the Emergency Room or Civil Hospital, D.I. Khan to the effect that on the eventual day he was proceeding to Topanwala bazar in his car along with his brother Shaukat Ali who was driving it while he was on the rear seat. When, at about 5-15 hours, they reached near Girls Hostel of Gomal Medical College, there Saeed Ahmad and his brother Waheed Ahmad were found present who signalled Shaukat Ali to stop the car which he did. In the meanwhile both the accused fired at Shaukat Ali with their respective pistols due to such firing his brother was hit and fell on the seat. Being empty handed he could not do anything. The accused after firing decamped from the scene. Motive was set up as a money dispute.
3. On arrest by the local police in the case, both the accused-petitioners applied for their release on bail but their bail petitions were rejected by the two courts below whereafter they have now applied for their bail from this Court.
4. Learned Counsel for the petitioners in support of his bail petition contended that the deceased has sustained a solitary wound for which two brothers have been charged; that medical evidence totally negates the eye version account furnished by the complainant as there are no charring marks on the body of the deceased though as per site plan distance shown between victim and the assailants is one pace. He further contended that no independent witness has been associated by the prosecution in support of its case though the occurrence is stated to have been taken place on a thoroughfare. He lastly contended that case of the petitioners requires further probe regarding their involvement in the case and as such they are entitled to the concession of bail.
5. As against the above, learned counsel for the complainant and learned Dy.A.G. Opposed the grant of bail on the ground that the petitioners are reasonably connected with the commission of the offence; that medicolegal evidence lends full support from the ocular account and recoveries effected from the crime scene.
6. I have considered arguments advanced by the learned counsel for the parties and perused the record.
7. In the instant case the occurrence took place at 5:15 hours at `deegar vela' on 1-10-2012, and according to the F.I.R., after the occurrence both the accused fled away from the crime scene.
8. Both the accused were arrested on same day at 5-30 p.m. Within a short span of 15 minutes by the local police while they were on run and on arrest the local police recovered from their possession two pistols of .30 bore. The pistol recovered from the possession of Waheed Ahmad was duly licensed while Saeed Ahmad failed to produce any license for his pistol, therefore, the local police registered another case against him under section 13, A.O.
9. Not only this but the Investigating Officer of the instant case recovered two empties of .30 bore 'freshly discharged' from the place where both the accused-petitioners have been shown in the site plan. These two empties along with the two pistols recovered from possession of the accused were sent to the F.S.L. For analysis. The report of F.S.L. Is positive regarding the fact that both the Crime empties of .30 bore were fired from the pistols recovered by the police from the possession of the present accused.
10. Apart from the above, trial in the case has commenced and some witnesses of the prosecution have been examined while some delay has also been attributed to the defence for not examining the available witnesses.
11. Regarding contentions of the learned counsel for the petitioners that two accused have been charged for a single injury and that there are no blackening or charring marks on the dead body of the deceased, it is held that at bail stage each and every aspect of the case shall be taken up tentatively and deep appreciation of evidence should always be avoided. Keeping in view the recovery of two crime empties from the spot and their being matched with the two pistols recovered from the possession of the accused are reasonable grounds for believing that they are guilty of an offence punishable with death.
12. So far as the fact of non-existence of blackening or charring marks is concerned that will be seen when such issue comes before the trial Court as it requires deep appreciation which cannot be exercised by the Courts at bail stage.
13. For what has been discussed above, I am not inclined to accept this bail petition which is accordingly dismissed. However, none of the above observations should affect mind of the learned trial Court which shall decide the case on merit.
Bail declined.