' MUHAMMAD AZAM KHAN, J.--- Petitioners Gul Nawaz and his son named Riaz Khan, residents of Purana Sheikhan Mamesh Khel Bannu involved in case F.I.R. No,237, dated 19-7-1998 registered at Police Station Cantt. Bannu under section 302/324/34, P.P.C. Have been refused bail by the learned Special Judge, Bannu per his impugned order, dated 22-8-1998 and have, therefore, now come up to this Court for the same relief through the application in hand.
2. Facts of the prosecution's case briefly stated are that on 19-7-1998 at 12-00 hours Sohrab Khan complainant made a report to the effect that on that day he along with his father Wreshamdad and othens were taking meals in their Bait hock at about 10-00 a.m. When Riaz Khan and his father Gulnawaz duly armed with Kalashnikovs were standing under the tower of their house where after they climbed thereon and opened firing at them. As a result, his father Wreshamdad was hit and expired there and then, while he (complainant) and his companions escaped unhurt. Motive for the offence was given to be a previous blood-feud enmity between the parties.
3. Learned counsel for the petitioners argued that there is a considerable delay in lodging the report, identity of the accused was improbable as they are alleged to have fired from the tower of their house. He referred us to the site plan which indicates bullet marks on the tower of the petitioners. He also objected to the seat of injuries of the deceased, as according to him, the deceased had been fired at from a higher range and that his injuries were from below upwards.
4. On the other hand, learned counsel for the State supported the impugned order and argued that the petitioners are directly charged in the promptly lodged report, trial of the petitioners is in progress and sufficient evidence has been recorded and, therefore, in the circumstances, they are not entitled to bail.
5. We have considered the arguments of the learned counsel for the parties and examined record of the case.
6. It is important to mention here that the Investigating Officer had also found some bullet marks on the windows and door of the accused party, but no counter-version on their behalf is available on the file. Nonetheless, we need not to go into the deeper appreciation of the merits of the case at this stage. The petitioners are, prima facie, linked with the commission of the crime and from the available facts and circumstances of the case, they are not entitled to the concession of bail. Their prayer for bail is, therefore, declined. The office shall transmit record of the case back to the Court concerned forthwith.