1. ' WALI MUHAMMAD KHAN, J.---Mst. Aksar Jan, complainant/petitioner herein, calls in question the judgment dated 24-10-1993 passed by a learned Single Judge of the Peshawar High Court, Abbottabad Bench, whereby the application filed by Rehmat Din accused/respondent was accepted and he was allowed bail in the sum of Rs,50,000 with two sureties in the like amount to the satisfaction of the Ilaqa Magistrate in case F.I.R. No,106 dated 14-6-1993, Police Station, Khanpur District Haripur under section 302/324/148/149/109, P.P.C. Charged for the double murder of Javed son of Gulab and Aslam son of Sakhi Muhammad.
2. ' We have heard Malik Mukhtar Hussain Awan, Advocate for the petitioner; Sardar Muhammad Ishaq, Advocate, for respondent No,1; Raja Abdul Ghafoor, Advocate, for the State/respondent No, 2; and have perused the record of the case.
3. No doubt the accused/respondent is charged in the F.I.R. But at the time of actual firing the assailants are alleged to have ambushed themselves in the shrubs and it was after the firing that they came out with guns firing in the air and were seen by the complainant and the witnesses. The learned Single Judge of the High Court taking the overall circumstances of the case into consideration exercised discretion in allowing bail to the respondent 1. The learned counsel for the petitioner has not been able to convince us that the discretion was improperly or illegally exercised.
4. ' Consequently, no interference is called for in the impugned order of the High Court and the instant petition is dismissed and leave to appeal is refused.