M UHAM M AD IJAZ KHAN, J. This order is directed to dispose of an application filed by the petitioner for grant of post arrest bail in case FIR No. 303 dated: 1 5.07.2024 registered under sections 302, 109, 34, P.P.C. read with section 15 of The Khyber Pakhtunkhwa Arms Act registered at Police Station KTS, District, Haripur.
2. Arguments of learned counsel for the petitioner, learned counsel for complainant and learned AAG were heard in considerable detail and record perused with their able assistance.
3. At the very outset, it was noted that it is the case of three versions: firstly: as spelling out from the contents of the crime report that the complainant is not the eye-witness of the alleged occurrence and she has charged one Muhammad Ali sort of Nazakat on the basis of suspicion. secondly: she on 19.07.2024 has recorded her statement under section 164, Cr.P.C whereby, she has charged said Muhammad Ali along with present petitioner (Nouman Ali) and thirdly: the mother of the deceased namely Sultan Bibi submitted an application to the local SHO, whereby, she has charged one Qazi Muhammad Arfan, therefore, in the given facts and circumstances, which version of the complainant party is true and correct, is to be determined by the learned trial Court after recording of pro and contra evidence. At the moment, the case of the accused/petitioner rightly falls within the ambit of further inquiry. In the case[1] the Hon'ble Apex Court has held that whenever a reasonable doubt arises with regard to the participation of an accused person in the crime or about the truth/probability of the prosecution case and the evidence proposed to be produced in support of the charge, the accused should not be deprived of benefit of bail. In such a situation, it would be better to keep an accused person on bail then in the jail, during the trial.
5. In the given facts and circumstances the accused/petitioner has made out a case for the grant of bail. Accordingly, this bail application is allowed and the accused/petitioner is directed to be released on bail provided he furnishes bail bonds in the sum of Rs. 2,00,000/- with two sureties each in the like amount to the satisfaction of learned trial Court/MOD, who shall ensure that the sureties are local, reliable and men of means.
6. Observations recorded hereinabove are purely tentative in nature and should in no way prejudice an independent mind of learned trial Court during the course of trial.
1. Sye d Am an Ullah Shah v. The State and another (PLD 1996 SC 241)