' ABDUR RAUF KHAN LUGHMANI, J.--- Akhtar Zanrian and Zardar Khan were refused bail in cases under section 302/148/149, P.P.C. And under section 302/148/149/324, P.P.C. At Police Station Kaki, District Bannu, vide F.I.Rs, Nos.109 and 110, dated 16-7-1998, respectively, by the Special Judge, Bannu, vide orders, dated 24-8-1998 and 26-9-1998, respectively. Criminal Miscellaneous Bail Petition Nos.195 and 206 of 1998 filed by them are being disposed of by one order, as both the criminal miscellaneous petitions are outcome of the same incident.
2. Haji Sherullah brought the dead bodies of his cousins Daulat Khan and Asmatullah Khan on 16-7- 1998 at about 6-30 a.m., to the Police Station and lodged F.I.R. 109, wherein he alleged that on the eventful morning, the two deceased were busy in plucking and collection of lady fingers from their fields when Akhtar Zaman, Rafrque sons of Falak Sher, Ghafoor son of Mir Zaman, Uslam, Ali Mir Shah sons of Ghafoor and Umardaraz son of Akbar Zaman duly armed with Kalashnikovs came and after wishing him from a considerable distance, proceeded towards Daulat Khan and Asmatullah Khan and fired at them from close range. The motive is stated to be a dispute over women folk. The complainant mentioned Raees Khan and Sufaid Khan to be eye-witness of the occurrence.
3. Yet another version of the occurrence is given in case F.I.R. No,110, lodged by the petitioner Akhtar Zaman, who also took the ..Dead bodies of Ghafoor Khan and Usman Khan to the police station.
According to him, he along with his maternal-uncle Ghafoor Khan, Haqdad Khan and Usman Khan were proceeding by a Taxi driven by Ali Mar Shah towards the Bazar, reaching near the metaled road, they noticed Raqibaz Khan, Tiladar Khan, Bahraz Khan sons of Daulat Khan- , Azad Khan, Raees Khan, Rooh Niaz Khan sons of Muhammad Nawaz, Javed son of Raees, Daulat Khan and Asmatullah Khan sitting duly armed with Kalashnikovs. They stopped the car and insisted to go back as they were not allowing them to proceed on that road. They came down and altercation started, resulting in the firing between the two parties. Usman Khan was killed with fire shots of Raqibaz Khan and Tiladar, while with the fire shots of remaining assailants, Ghafoor Khan was hit and died on the spot and the complainant sustained injuries. The motive for the occurrence is stated to be a dispute over women folk.
4. It is not disputed, and rightly so, that the time of occurrence, scene of occurrence and motive are the same in the two cases. Daulat Khan and Asmatullah Khan lost their lives in case F.I.R. No,109 whereas two persons, namely Ghafoor Khan and Usman died as result of firing and petitioner Akhtar Zaman sustained fire-arm injuries in case F.I.R. No,110. None of the parties account for the loss of the other and each party although has given its own versions, but concealed the loss of the other. When occurrence gives rise to two counter-versions, the case becomes of further enquiry within the meaning of section 497(2), Cr.P.C. And we are supported in our view by the Supreme Court of Pakistan in its judgment recorded in Shoaib Muhammad Butt v. Iftikharul Haq and 3 others, reported as 1996 SCMR 1885, wherein it was held as under:-- "In case of counter-versions, arising from the same incident one given by the complainant in F.I.R.
And the other given by the opposite party, case-law is almost settled that such cases are covered for grant of bail on the ground of further enquiry as contemplated under section 497(2), Cr . P. C . "
5. We would, therefore, accept both the bail petitions and admit the petitioners to bail provided they furnish bail bonds in the sum of Rs,2,00,000 (Rupees two lacs) each, with two sureties each, in the like amount to the satisfaction of the Additional Registrar of this Court.
6. The Additional Registrar shall see that the sureties are respectable persons, hail from the settled area of Bannu/D.I. Khan and are men of sufficient means. The photo copies of their property documents and National Identity Cards shall be obtained for record.