' The petitioner stands charged for the murder of Muhammad Yousaf son of Muhammad Yaqoob, vide F.I.R. No,417, dated 4-8-1998 registered under section 302, P.P.C. Lodged in Police Station, City Kohat.
2. After having failed to procure bail from the lower forums, the petitioner has now approached this Court for the redress of his grievance saying that he is absolutely innocent, falsely charged and, thus, entitled to be released on bail.
3. Barrister Zahurul Hag, Advocate assisted by Mr. Muhammad Muzammil Khan, Advocate learned counsel for the petitioner, Mr. Muhammad Asghar Kundi, Advocate learned counsel for complainant/respondent No,2 and Kh. Azhar Rashid, learned Assistant Advocate-General for respondent No,1/State present and heard. Record of the case perused carefully.
4. The learned counsel for the petitioner submits that except for the allegations made in the F.I.R.
That the petitioner has killed the deceased, for taking the revenge of his brother, there is nothing on the file to suggest, even remotely, that the petitioner is connected with the commission of the offence charged with because the persons who are alleged to have seen the occurrence have categorically stated, in their statements, recorded under section 161, Cr.P.C., that they had not seen the petitioner firing at the deceased.
5. Beside this nothing incriminating was also recovered from the possession of the petitioner when he was arrested immediately after the occurrence.
6. The learned counsel for the State as well as the complainant frankly conceded, and rightly so, that the persons alleged to have seen the occurrence were not present at the time of firing as is evident from their statements recorded under section 161, Cr.P.C. They also admitted that the pistol with which the petitioner is stated to have fired at the deceased has not been recovered so far and as such reasonable ground do not exist for believing that the petitioner is connected with the commission of the offence charged with.
7. In the circumstances the petitioner is admitted to bail. He shall be released forthwith, if not required in any other case, provided he furnishes 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) of this Court.
8. The Additional Registrar shall see that the sureties are respectable persons, bail from the settled areas of District Kohat and have sufficient property in their names. Attested copies of the property documents/identity cards of the sureties shall be obtained by the Additional Registrar (Judicial) for record.