MALIK HAQ NAWAZ, J.---The petitioner along with five other (absconding accused) were booked for double murder of one Sherdi Jan son of Sher Aman and Asgar Khan son of Samsar resident of Pharouri on 08-03-2016 by opening fire shots with lethal arms. The complainant Wali Khan son of Saeed Rehman lodged FIR No,01/2016 under sections 302, 427, 34, P.P.C. dated 08-03-2016 which was registered at Police Station Ghabar Tangir, District Diamer.
2. The petitioner was arrested in the instant case while the remaining accused are still at large. The petitioner applied for post arrest bail in the trial Court which was refused vide order dated 05-05- 2016 and being dissatisfied from the above order, the petitioner has come to this Court for concession of bail.
3. The learned counsel for the parties submits that there is a delay of one hour in lodging the FIR and this delay has been consumed in tailoring a false and fabricated story. The learned counsel further submitted that as evident from the contents of FIR and the statement of eye-witnesses namely Azad Khan and Abdul Hai, indiscriminate firing was opened by the assailants but no specific injury is attributed to the petitioner which makes the case as one of further enquiry.
4. On the other hand the learned Dy. Advocate General opposed the bail petition with vehemence and submitted that the petitioner is directly charged in the FIR and weapon of offence has been recovered from his possession and FIR No,02/2016 has been registered under section 13 A.O. which is an incriminatory piece of evidence. There is a prima facie case against the accused/petitioner and he is not entitled for grant of bail.
5. I have heard both the parties at length and have also gone through the available record. The petitioner is directly A charged in the FIR for opening fire shot on both the deceased who succumbed to the injuries at the spot. The presence of accused has been shown in the site plan and the eye-witnesses whose names find mention in the FIR have fully implicated the accused for commission of the offence charged against him. The weapon of offence has also been recovered from the possession of petitioner and a separate case in this regard has also been registered against the petitioner. The points raised at bar by learned counsel for the petitioner will be answered by the prosecution at the time of trial and at this stage this Court cannot travel beyond the scope of tentative assessm ent of evidence available with the prosecution. There is a prima facie case against the accused and he is not entitled for concession of bail.
6. The result of above discussion is that the petition is dismissed being meritless.