' Latifullah and Shafiullah sons of Ayaz Khan residents of Gandi Khan Khel charged for offence under section 302/324/34, P.P.C. Vide F.I.R. No,340, dated 15-8-1995 Police Station, Naurang, were refused bail by the M.I.C./ R.M., Naurang on 23-1-1996 and by the Additional Sessions Judge, Lakki on 26-2-1996. Hence the present application for bail.
2. As per F.I.R. S.H.O., Police Station, Naurang, on receiving information in the police station that murder has been committed in the hotel Arsala Khan, he alongwith police party reached the spot where Niamatullah Khan complainant in the company of Daulat Khan reported that today i,e, 15-8- 1995 at 14-00 hours his brother Faizullah Khan had patched up the matter with the sons of Pir Adam and Moeen Khan residents of Gandi Khan Khel and bail before arrest was granted to the sons of Pir Adam from the Court of learned Sessions Judge, Lakki and for further proceedings they (sons of Pir Adam) were brought to the police station and then to the Court of Session for submitting the compromise papers. After doing the needful, they alongwith Sardar Khan went to the hotel Ar;:ala Khan for lunch where Faizullah and Sardar Khan sat on one side while the complainant and Daulat Khan sat on the other side. In the meanwhile Latifullah armed with rifle Golidar while Shafiullah and Samiullah armed with Bandaiq came to the hotel and started firing at Faizullah and Sardar Khan with their respective weapons. Faizullah got hit and fell on the ground while Sardar Khan rushed to the mosque for protection, who was chased by the accused and fired at, who was also hit and fell on the ground. Both of them died on the spot. After the occurrence the accused decamped from the spot. With the firing of the accused a third person also got hit and sustained injuries. Motive for the occurrence as stated was that a year back accused's father was killed, for which Sardar Khan was suspected.
3. Learned counsel for the parties were heard at quite some length and record of the case perused.
4. Learned counsel for the petitioners argued the case in depth on merits touching almost every aspect of the case, which at this stage cannot be taken into consideration as it is neither permissible nor advisable to deeply appreciate the prosecution or the defence plea while dealing with the ancillary matter, as it would amount to pre-empting the function of the trial Court and likely to prejudice the mind of the Court. On tentative assessment of the record there is sufficient material to connect the petitioners with the commission of double murder. The highhandedness of the petitioners is evident from their pursuit to the mosque after Sardar Khan where he ran for protection but he was not spared even in the mosque and was done to death there. As for plea of alibi is concerned, it was taken after three months of the occurrence during which period, the petitioners abstained from appearing before the police/Court as such they remained in abscondence for a noticeable period, hence evidentiary value of alibi would be determined at the trial by the trial Court after recording evidence. Consequently this bail petition is dismissed.
' The challan of the case is stated to be complete, which shall be submitted in Court without any delay and the trial be concluded as early as possible.