' The petitioner stands charged by Ayub Khan S/o Yaqoob Khan for having killed Mazulla S/o Ayub Khan/complainant (respondent No,1) and thereby committed an offence punishable under section 302, P.P.C., Vide: F.I.R. No,525 registered at Police Station Matta, District Swat on 6-11-1998.
2. The petitioner, when arrested applied for bail and after having failed to secure bail from the lower forums, has now approached this Court for the redress of his grievance. It has been alleged on his behalf that he is innocent, falsely charged for ulterior motive/ previous enmity and, therefore, entitled to the concession of bail.
3. Mr. Javed A. Khan Advocate, learned counsel for the petitioner and Kh. Azhar Rashid, learned Assistant Advocate-General for State/respondent No,2 present and heard. Record of the case perused.
4. It is admitted that this is a case where there is no one who might have seen the occurrence. The petitioner did not make any confession about his guilt, if any, in spite of the fact that he remained in Police custody for sufficient time. Similarly no incriminating article was recovered from or at the instance of the petitioner.
5. In the circumstances and without dilating upon the merits of the case, I am of the considered view that this is a case of no evidence, in view of the material collected so for by the prosecution and, therefore, reasonable grounds do not exist for believing that the petitioner has committed the crime charged with. Accordingly his case is that of further inquiry within the meaning of S.497(2), Cr.P.C. Resultantly this bail petition is accepted.
6. The petitioner 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, only) with two sureties, each in the like amount, to the satisfaction of the Additional Registrar/ Deputy Registrar of this Court.
7. The Additional Registrar/Deputy Registrar shall see that the sureties are respectable persons, hail from the settled areas of District, Swat and have sufficient property in their names. Attested copies of their property documents/identity cards shall ' be obtained for record.