' One of the petitioners i.e, Saeedullah son of Mir Azam was granted interim bail so as to enable him to accompany his mother who was to go to Saudi Arabia for performing Hajj. After performing the Hajj Saeedullah has come back and has surrendered before this Court. He shall be taken into custody forthwith and sent to the Jail.
2. Mr. Assadullah Khan Chamkani, Advocate learned counsel for the petitioners, Khawaja Muhammad Khan, Advocate assisted by Mr. Muhammad Arif Khan, Advocate learned counsel for the complainant and Kh: Azhar Rashid, learned Assistant Advocate-General for the State present and heard. Record of the case perused.
3. Admittedly, the petitioners have their real uncle, in the promptly lodged F.I.R. The motive for the commission of the crime, as given, in the F.I.R. Is that the complainant's son was charged for killing the brother of the accused some time back.
4. Besides the recovery of empties from the spot, blood-stained earth was also recovered. The question of alibi that the petitioners were not present on the spot at the time of occurrence and the opinion of the Enquiry Officer D.S.P. That the petitioners-accused were innocent and falsely charged shall be looked into by the trial Court at the trial.
5. The Sessions Judge, Charasadda (Mr. Muhammad Ibrahim Khan) while recalling the concession of to the petitioners by the Judicial Magistrate (Mr. Muhammad Azam Khan) has taken into his consideration all the ingredients laid down in section 497, Cr.P.C. And has given valid reasons for his conclusions by recording a speaking order. The impugned order is neither arbitrary nor perverse because reasonable grounds do not exist for believing that the petitioners are not connected with the commission of the offence charged with. Accordingly, there is no justification to interfere with the discretion exercised by the Sessions Judge, Charsadda judicially. In holding so I am fully supported by a case titled Ijaz All Khan v. The State, reported as 1968 SCM R 1168. It was held by the Supreme Court:-- ' "Muhammad Yaqub Ali, the petitioner who is charged with the offence of murder has been refused bail by the Courts below from which he now seeks leave to appeal.
' On examining the facts appearing in the order of the learned Judge in the High Court we are inclined to the view that the conditions laid down in section 497, Cr.P.C. For refusing bail to the petitioner were amply fulfilled in this case. The petition is dismissed."
6. This bail petition is devoid of any substance and is accordingly Idismissed.
Bail disallowed.