' This post-arrest application has been moved by the petitioner who is facing prosecution in case F.I.R. No,37, dated 2-6-1995 registered at Police Station Miryan, Tehsil and District Bannu, under section 324/34, P.P.C. He was declined the concession of bail by the lower Court vide its order, dated 22- 11-1995 .
2. The petitioner along with his co-accused was charged for causing injuries to the complainant Rasta Baz with klashnikovs. According to the medico-legal report, four persons have been charged for two injuries. The occurrence has taken place at Sham-Qaza-Vela'. On application of the petitioner, the Superintendent of Police, Bannu had ordered fresh inquiry/reinvestigation. The Investigating Officer in his report has exonerated the participation of the present petitioner in the commission of the offence. There are two versions of the police in the case in hand. In the first instance the petitioner was opined to have participated in commission of the crime, whereas the subsequent report is otherwise. Though the opinion of the police is not binding on the Courts, but their two versions makes the case against the petitioner arguable for the purposes of bail. Except the father of the injured, no other independent witness has been cited in the case. In these circumstances, the case is held to be of further inquiry and while accepting the prayer of the petitioner, he is admitted to bail provided he furnishes bail bond in the sum of Rs,one lac (Rupees 1,00,000) with two sureties each in the like amount to the satisfaction of the trial Court.
' By a short order I had admitted the petitioner to bail. Above are the reasons for the same.