Admittedly the occurrence was not witnessed by anybody and it was for this reason that the complainant/respondent No,2 had not charged anybody when he reported the matter to the Police which was reduced into writing in the shape of a murasila, which later formed the basis of F.I.R.
No,1067, dated 10-10-1998 registered under section 302, P.P.C. At Police Station, Mingora, District Swat.
2. 4/5 days after the registration of the case the complainant appeared before the Magistrate who recorded his statement under section 164, Cr.P.C. Wherein he charged the petitioners for the commission of the offence on the grounds that one of the petitioners-accused namely, Afzal was the son-in-law of the deceased anti that his wife had died 2 months prior to the occurrence and he was under the impression that his wife was killed by the deceased. That it was for this reason that he commanded his brother, also a petitioner before me (Ayub Khan), to kill him. When the petitioners were arrested they approached the Sessions Court for bail. However, the Additional Sessions Judge/Zila Qazi, Swat (Pir Bakhsh Shah) refused to enlarge them on bail- by his order, dated 26-11-1998.
3. A close scrutiny of the available record would reveal that there is nothing on the file to suggest, even remotely, that the petitioners had killed the deceased. Moreover it does not stand to reason that a father would kill his daughter over a dispute with his son-in-law. Similarly it would be too early in the day to pre-suppose that a husband would go to the extent of killing his father-in-law in the circumstances. All these facts shall be determined at the conclusion of the trial.
4. The questions raised above have made the case of the petitioners arguable for the purpose of bail. The bail petition is, therefore, accepted.
5. The petitioners shall be released forthwith, if not required in any other case, provided they furnish bail bonds in the sum of Rs,1,00,000 (Rs, One lac only) with two sureties, each in the like amount to the Satisfaction of the Additional Registrar/Deputy Registrar of this Court.
6. The Additional Registrar/Deputy Registrar shall see that the sureties are respectable persons, hail from the settled areas of District Swat and have sufficient property in their names. Attested copies of their property documents/identity cards shall be obtained from them and placed on file for record.