1. ASSADULLAH KHAN CHAMKANI, J.---Petitioner Gul Wali seeks bail in case FIR No,708 dated 09.01.2011, registered under sections 302/34, P.P.C., in Police Station Abdul Hameed Shaheed Shabqadar, wherein he along with co-accused Sher Wali, is charged for committing the murder of Muhammad Wali deceased with firearm on 09.10.2011 at 1900 hours on a thoroughfare situated in village Attaki.
2. 2.Arguments heard and record perused.
3. 3.Admittedly, neither complainant nor anybody else has come forward to furnish the ocular account of the incident. The incident is nocturnal and complainant on receipt of information qua murder of his deceased son reached the spot and shifted his dead body. In his initial report he charged unknown culprit/culprits for murder of his son. After a period of more than a month on 16.11.2011, complainant Umer recorded his statement under section 164, Cr.P.C., wherein he charged the petitioner and his co-accused without disclosing the source of his satisfaction qua complicity of the petitioner in the commission of offence. The petitioner has not confessed his guilt before the competent Court of law nor anything incriminating to prima facie connect him with the commission of offence has been recovered either from his direct or indirect possession. Mere alleged abscondence of the petitioner would not hamper his way of bail when otherwise on merit he is entitled to the concession of bail. On tentative assessment of the material on record and discussed above, participation of the petitioner in the commission of offence requires further probe within the ambit of subsection (2) of section 497, Cr.P.C., hence, I am inclined to exercise the discretion of bail in his favour.
4. 4.Accordingly, this petition is allowed. Accused/petitioner is admitted to bail provided he furnishes bail bonds in the sum of Rs,3,00,000/- with two local, reliable and resourceful sureties each in the like amount to the satisfaction of learned Illaqa Judicial Magistrate/MOD, concerned