' Salamat petitioner has been arrested in case F.I.R. No,311 registered at University .Town Police Station on 14-4-2002 under section 381-A, P.P.C. The petitioner moved the Court of Session, Peshawar for grant of bail but his request was declined through order dated 11-9-2002. The petitioner has approached this Court with the similar prayer.
2. Mr. Fida Gul, Advocate learned counsel for the petitioner in support of the bail application contends that prosecution is in possession of no material to connect the petitioner with the guilt and that the learned Sessions Judge, Peshawar had no justifiable reason to turn down the request of the petitioner for grant of bail. The learned counsel prays that the petitioner be released on bail so as to enable him to appear before the Court concerned i,e, Sessions Judge, Rawaipindi for appropriate orders. When attention of the learned counsel for the State was drawn to this aspect of the matter he conceded that there is nothing on record to implicate the petitioner with the guilt except the solitary statement of one Salim Masih involved in case F.I.R. No,713 dated 30-10-2000 registered under sections 411/419/420/109, P.P.C.
3. The petitioner has been arrested on 20-8-2002. Keeping in view the facts and circumstances of the case I feel that case of the petitioner is arguable for the purpose of bail and requires further probe to determine his guilt within the meaning of subsection (2) of section 497, Cr.P.C. The application is accepted and the petitioner is directed to be released on bail on furnishing bail bonds in the sum of Rs,5,00,000 (Rupees five lacs) with two sureties each in the like amount to the satisfaction of the Sessions Judge, Peshawar.
4. The petitioner shall appear before the learned District and Sessions Judge, Rawalpindi on 22-11- 2002 failing which the concession of to him by this Court shall stand withdrawn.