' Nasrullah Khan and Rehamdil Khan accused-petitioners are facing prosecution in case F.I.R. No, 6, dated 29-1-1996 registered under section 302/324/404/34, P.P.C., in Police Station, Kakki, District Bannu. They applied for their release on bail to the learned Courts below, but their applications were rejected. Hence the present bail application.
2. Mst. Bas Khandana complainant lodged the report in Police Station, Kakki to the effect that on the day of occurrence at 'Peshin Vela' she alongwith her husband Hayatullah Khan and brother-in-law Umer Khan were coming to village Kakki to negotiate with Saboor Khan alias Gharib Nawaz on the dispute of womenfolk. When they reached the bazar near Animal Husbandry at 'Peshin Qaza Vela', they saw Shah Pur Khan armed with .30 bore pistol Rehamdil armed with 303 bore rifle and Nasrullah Khan armed with .30 bore pistol who asked them why they have come. At this brawl took place between the parties, resulting in firing by the accused at the complainant party, with which Hayatullah was hit, fell on the ground and breathed his last. The complainant and Umer Khan escaped unhurt. The accused also took away the licensed D.B. Shotgun alongwith the bandolier of the deceased. Motive for the offence is stated to be dispute over the womenfolk.
3. I have heard learned counsel for the parties and perused the record of the case.
4. The bail was mainly sought on the ground that prior to the registration of the present case against the accused party, Saboor Khan had lodged F.I.R. No,5, a cross-report, wherein he had charged Hayatullah, the deceased of the present case, Haqdad and Munawar Khan for the murder of his son Shah Pur Khan. The counter-version by itself cannot be pressed into service as of right for the grant of bail unless there is a scope of further inquiry in the matter. The plea of bail can only be considered if the case falls within the ambit of section 497(1) & (2), Cr.P.C. And if the conditions laid down in the said section are not fulfilled, then the accused cannot be released on bail. The ground of further inquiry can only be considered if the Officer-Incharge of Police Station or Court taking cognizance of the matter comes to a definite conclusion on consideration of the entire material that there are reasonable grounds for believing that the accused has not committed non-bailable offence, and without such finding by such officer or the Court, the accused would not be released on ground of further inquiry under subsection (2) of section 497, Cr.P.C. As held by Supreme Court of Pakistan in 1985 SCM R 382.
5. Both the petitioners are directly charged for the offence which find support from ocular and circumstantial evidence on the record, hence there are reasonable grounds for believing that they are guilty of the offence punishable with death or imprisonment for life. Consequently this bail application is Rejected.