' Having refused bail in Case No, F.I.R. No,89, dated 23-6-1990 of Police Station, Miryan Bannu, under section 307, P.P.C. By the two Courts below vide their orders, dated 13-8-1998 and 19-8-1998 respectively, Nazar Jan, accused/petitioner, has filed the application in hand for the same relief.
2. The case was reported by Muhammad Alam Khan, complainant, who charged the petitioner for attempting at his life effectively. Another version of the occurrence is given in case F.I.R. No,90, dated 23-6-1990 lodged by mother of the present petitioner, namely, Mst. Lal Meena, who blamed Muhammad - Alam Khan, complainant of the present occurrence, for effectively firing at her life.
The scene and time of both the incidents is the same. It appears that complainant/respondent No,1 herein, was acquitted of the charge under section 249-A, Cr.P.C. The file of case F.I.R. No,90 is not available and the inquiry is being held as to who is responsible for loss of the said file. The occurrence has given rise to two versions. It can only be determined at trial after recording evidence whether the petitioner was the aggressor. Presently, the complainant does not account for the injuries sustained by Mst. Lal Meena. As regards abscondence, suffice it to say that the petitioner was serving in Pakistan Army since 18-8-1990, as is evident from his service record, photostat copy whereof is available on file.
3. Accordingly, this application is accepted and the petitioner is admitted to bail in the sum of Rs, two lacs with two sureties each in the like amount to the satisfaction of the trial Court, who shall see that the sureties are local, reliable and men of sufficient means.