MANZOOR AHMAD MALIK, J. Criminal M.A. No. 1365 of 2019 : For reasons mentioned in the application, the same is allowed and delay in filing the criminal petition is condoned.
2. Petitioners seek leave to appeal against the order dated 22.07.2019, whereby bail was refused to them by the learned Peshawar High Court, Peshawar in case FIR No. 5 dated 16.05.2019, offence under sections 302, 324, 34, P.P.C., registered at P .S. Bara Khyber .
3. After hearing the learned counsel for the parties at length and perusal of available record with their assistance, it has been observed by us that as per contents of FIR, precise allegation against tie petitioners is that of causing injuries on the persons of Khanzada and Wahid. The MLRs of injured PWs reveal that Khanzada sustained two stab wounds during the occurrence, whereas there are bruises on the person of Wahid. There is no allegation in the FIR against the petitioners of causing any injury on the person of deceased Jaram Khan. During the course of arguments, learned counsel appearing on behalf of State has confirmed that nature of injuries of injured PWs has not yet been declared. He further confirms under instructions that nothing was recovered from the petitioners during the course of investigation. Petition ers are behind the bars since 19.05.2019. All these circumstances make the case of the petitioners one of further inquiry falling within the ambit of section 497, Code of Criminal Procedure.
4. For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed.
Appellants Khiyal Saba and Muhammad Javed are allowed bail (in the instant FIR) subject to their furnishing bail bonds in the sum of Rs.100,000/- (Rupees one hundred thousand) each, with one surety each, in the like amount, to the satisfaction of the trial court.