' This is a bail application submitted by Ahmad Ali charged under section 302, P.P.C. On the basis of F.I.R. No,501, dated 27-6-1995 registered at Police Station Kalu Khan.
2: The brief facts of the case are that on 21-6-1995 at 11-00 hours Sarwar son of Haider Khan brought the dead body of his daughter, Mst. Anwarzia, to the police station reporting that his daughter Mst. Anwarzia was married to one Fazal Hadi some 6/7 months back but due to strained relations with her husband, she returned to her parents' house about three months ago and despite several Jirgas she could not be persuaded to go back to her husband. On the day of occurrence when he and his wife were away from the house she had committed suicide. Report was accordingly recorded as case of suicide vide Mad No,35, dated 21-6-1995.
3. After receiving the report of post-mortem, police suspected the suicidal story for the reason that entry wound was found at the right back side and the exit wound on the front side of the victim, therefore, F.I.R. No, 501 on 27-6-1995 was drawn to be a case of section 302, P.P.C. And charged Ahmad Ali son of Sarwar, brother of the deceased, on the ground that Mst. 'Anwarzia had eloped with one Fazal Hadi and had returned home after staying 3 months with her paramour which made the petitioner to kill his sister. Subsequently he was arrested on 4-7-1995. The prayers of the petitioner for his enlargement on bail did not find favor with the Courts below, hence, the present application.
' It is alleged by the learned counsel for the petitioner that the confessional statement of the petitioner was extracted from him by force and coercion. It is further alleged that statement of complainant recorded under section 164, Cr.P.C. Was also the result of severe pressure by the police on the assumption that being the family matter it would be compromised.
3. Admittedly the petitioner is not charged in the F.I.R. Lodged by complainant, Sarwar. He was made an accused after receipt of medical report, dated 21-6-1995 and statement of complainant recorded under section 164, Cr.P.C. 6-7-1995. It is not understood as to how the petitioner was made an accused before the statement of the complainant under section 164, Cr.P.C. Against the petitioner was recorded. Neither the copy nor the original of the confessional statement was made available for this Court to be able to confirm the date of recording the confessional statement. The medical report showing entry wound at the back and exit wound on the. Front with charring present does not give any positive indication denying the suicide or affirming the homicide.
' Though the medical report was the basis of charging the petitioner, however, injury on the finger of the right hand could not be ignored which according to the learned counsel was the result of using the trigger with full force by the deceased while committing suicide. The complainant, father, and Mst. Saleh, mother of the petitioner and the deceased have also submitted affidavits that their son, petitioner, is innocent and has been falsely involved in the case by the police.
' In view of above, I hold it a case of further enquiry and thus allow bail to the petitioner provided he furnishes bail bond in the sum of Rs,1,00,000 (Rupees one lac) with two sureties each in the like amount to the satisfaction of Additional Registrar of this Court. The Additional Registrar is directed to ensure that the sureties are reliable and men of means having immovable property in their names equivalent to the amount of the bond.