MANZOOR AHMAD MALIK, J.---Impugned herein is the order dated 11.10.2019, whereby bail was refused to the petitioner by the learned Peshawar High Court, Peshawar in case FIR No.495 dated 17.06.2019, offence under sections 302, 404, 201, P .P.C., registered at Police Station Urmar , Peshawar .
2. We have heard learned counsel for the parties at length and have perused the available record with their assistance.
3. Admittedly , the petitioner is not named in the FIR in any context. The prosecution has based its case against the petitioner on the basis of recovery of a SIM of deceased from him, a pistol on his pointation, positive report of FSL and the statement of father of deceased namely Bacha Said recorded under section 164, Code of Criminal Procedure. So far as statement of father of deceased is concerned, he has not implicated the petitioner on the basis of any evidence, rather he stated in his statement that different steps taken by the police during the course of investigation particularly call data which showed that a call was allegedly made between deceased and the petitioner and the recovery of pistol on the pointation of the petitioner convinced him that petitioner is involved in the crime. We have also perused the report of FSL. It has been confirmed by the learned counsel appearing on behalf of State under instructions of the investigating officer present with record that empties were recovered from the spot on 17.06.2019 and the pistol recovered from the petitioner and the empties were sent to the office of firearm expert on the same day i.e. on 19.08.2019. In the circumstances, evidentiary value of these pieces of evidence shall be determined by the learned trial court after recording the evidence of the parties. As of now, the case against the petitioner calls for further inquiry within the ambit of section 497(2), Code of Criminal Procedure.
4. For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed. The appellant-Hidayat Khan is allowed bail (in the instant FIR) subject to his furnishing bail bond in the sum of Rs.200,000/- (two hundred thousand) with one surety in the like amount to the satisfaction of the learned trial Court. Since the challan has been submitted, therefore, the learned trial court seized of the matter is directed to expedite the proceedings of trial and ensure its early conclusion. It is made clear that if the concession of bail is misused by the appellant or any delay in the conclusion of trial is caused by him or anyone else acting on his behalf, the learned trial court shall be competent to recall the bail granted to him, of course, after hearing the parties, strictly in accordance with law .