1. ' This order will disrose of bail application filed on behalf of Gul Said alias Gulai son of Azimullah resident of village Katozai, Police Station, Shabqadar, Tchsil Charsadda, District Peshawar.
2. ' The allegation against the petitioner is that on 10-1-1977 at 19-00 hours alongwith Mumtaz and Saadaat Khan (who are not petitioners before me) in furtherance of their common intention attacked at the life of Abdul Hadi complainant. The report of the occurrence was lodged by Abdul Hadi in the Police Station the same day at 22-30 hours. In the F. I. R. Complainant has charged the accused for firing at him, with a shot-gun from a distance of seven paces as is clear from the site- plan. Point No. 1 is the place where the complainant was present and at point No. 2 the petitioner was stated to be present at the time of incident have fired at the victim one shot with a shot-gun but luckily the latter In-between the two points there are trees. The petitioner is alleged to escaped unhurt. It follows that it is a case of ineffective firing. The petitioner has also taken the plea of alibi.
3. The learned counsel retied on 1975 P Cr. L J 1092. These are the paints which require careful appraisal and this is not t e stage to go into the merits of the case, but keeping in view the fact that the petitioner is charged for ineffethely firing at the complainant, the incident had taken place at later evening time when it was daik coupled with the fact that one of the accuse namely Saadat Khan had been released on bail by the learned Additional( Sessions Judge, I deem it fit and proper to allow bail to the petitioner on his furnishing bail bond in the sum of Rs. 10,000 with two sureties each in the like amount to the satisfaction of Illaqa/Duty Magistrate.