MANZOOR AHMAD MALIK, J.---Petitioners have impugned the order dated 26.02.2021, whereby bail was refused to him by the learned. Peshawar High Court, Peshawar in case FIR No.381 dated 28.05.2020 offence under sections 302, 324, 34, P.P.C. read with section 15 of the Khyber Pakhtunkhwa Arms Act, 2013, registered at Police Station Lund Khwar , Mardan.
2. After hearing the learned counsel for the parties at length and perusal of available record, it has been observed by us that in the incident, Hanif Ullah lost his life whereas complainant Qaim Ullah was injured. It has not been disputed by the learned counsel for the complainant and learned counsel appearing on behalf of State that deceased Hanif Ullah and injured Qaim Ullah received one firearm injury each. It has further been observed by us that the instant case was registered against four persons including the petitioners, out of whom co-accused Zahir Shah with similar allegation has been found innocent. during the course of investigation and his name was placed in column No.2 of the report under section 173, Code of Criminal Procedure. So far as the petitioners are concerned, learned counsel appearing on behalf of State has confirmed that during the course of investigation nothing was recovered at their instance or from their possession. He further confirms under instructions that co- accused Yasir got recovered a pistol and two out of eight empties secured from the spot matched with that pistol.
All these circumstances make the case of petitioners one of further inquiry falling within the ambit of section 497(2), Code of Criminal Procedure.
3. For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed. The appellants-Anwar Shaheen and Fakhr-e-Alam are allowed bail (in the instant FIR) subject to their furnishing bail bonds in the sum of Rs.100,000/- (one hundred thousand) each with one surety each in the like amount to the satisfaction of the learned trial Court.