' The petitioners have been charged by Rahimullah Jan, complainant, for having killed Noor Saleem Jan, vide F.I.R. No,232, dated 13-12-1998 registered at Police Station, Karak.
2. Since the lower forums have refused to grant bail to the petitioners, they have now approached this Court for the redress of their grievance contending that they are innocent and have been falsely charged for ulterior motives. They have prayed that they be released on bail till the disposal of the case.
3. Barrister Zahurul Haq, Advocate assisted by Mr. Riaz Ahmad Advocate learned counsel for the petitioners, Kh. Azhar Rashid, learned Assistant Advocate-General for State/respondent No,1 and Mr. Sifat Ali Khan, Advocate learned counsel for complainant/respondent No,2 present and heard.
Record of the case perused.
4. It is an admitted fact that the entire process of the murder of Noor Saleem Jan was not witnessed by the A complainant (brother of the deceased) or anybody else. In other words it is a blind murder. The allegations against the petitioners, however, are that they had, along with Kashif, the absconding accused, summoned the deceased to their 'Balakhana' and the deceased unfortunately obliged. Resultantly they killed him in the 'Balakhana' and after the occurrence all of them (three in number) decamped from the scene of occurrence.
5. It has been further alleged by the complainant that at the time of decamping from the spot only the absconding accused was armed with a .12 bore pistol.
6. The medical evidence indicates that the deceased had received only one injury (2"x 1") and that 5 pellets were also recovered from his body. The other accused petitioners herein while running from the scene of to ocurrency, were stated by the complainant, to be unarmed.
7. In the circumstances, mentioned above, I am of the view that reasonable grounds do not exist for believing that the petitioners have killed Noor Saleem Jan and that their case is that of further inquiry. Besides I have not been able to understand as to why the complainant, the real brother of the deceased, kept on waiting outside the "Balakhana" till the end of the episode. Accordingly a doubt has arisen in my mind that he might not have been present at the relevant time.
8. The petition for bail is accordingly accepted. 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) with two sureties, each in the like amount, to the satisfaction of the Additional Registrar (Judicial)/Deputy Registrar of this Court.
9. The Additional Registrar/Deputy Registrar shall see that the sureties are respectable persons, hail from the settled areas of District Karak and have sufficient property in their names. Attested copies of their property documents/identity cards shall be obtained by the Additional Registrar/Deputy Registrar, and placed on file for record.