' The accused petitioner is involved in a case registered under sections 302/109/34, P.P.C. Vide F.I.R.
No.214 dated 11-6-2004 registered at Police Station Rustam. He was refused bail by the learned Judicial Magistrate Mardan vide his order dated 29-6-2004 and so by the learned Additional Sessions Judge Mardan vide his order dated 27-7-2004. Hence this application for his release on bail before this Court.
2. Briefly stated the prosecution case according to the F.I.R. Is thatLal Zada accused petitioner reported to the local police on the spot that 23/24 years ago he had married Mst. Jan Saba deceased and he had two daughters from the wedlock. His relations with his wife were strained, therefore, the complainant used to live hither and thither. On the day ofoccurrence he was present in the house of his uncle Akhtar Zada when his brother Hakim Zada came there and informed him that he had killed Mst. Jan Saba and her body was lying in the fields. The complainant Lal Zada (petitioner herein) went to the spot and found the dead body there. Motive as alleged in the F.I.R.
Was that the deceased was suspected by his brother Hakim Zada that she was of bad character.
Lal Zada complainant charged his brother Hakim Zada, the absconding accused for the commission of the offence.
3. I have heard Mr. Nek Nawaz Khan, Advocate for the petitioner, Arbab Muhammad Usman, Addl.
A.-G. For the State and Mr. Muhammad Zahoor Qureshi, Advocate for the complainant and gone through the record of the case.
4. There is no direct evidence against the petitioner. Hakim Zada the absconding accused had accepted the responsibility of killing Mst. Jan Saba deceased. The accused-petitioner Lal Zada has been charged for abetment by the father of the deceased namely Munawar Khan in his statement under section 164, Cr.P.C. Recorded on 21-6-2004, wherein he stated that his daughter Mst. Jan Saba was killed by Hakim Zada the brother of Lal Zada, who was the husband of Mst. Jan Saba deceased. She usually complained regarding the misbehaviour of Lal Zada and she was killed by his brother Hakim Zada at his instance and now after satisfaction he is sure that Lal Zada had hand in killing his daughter. The statement under section 164, Cr.P.C. Was recorded on 21-6-2004 while the F.I.R. Was lodged by Lal Zada himself, the husband of the victim on 11-6-2004. He is apparently not directly charged for the murder of his wife, but for abetment and the actual culprit charged for the offence is the absconding accused Hakim Zada.
5. Keeping in view the facts and circumstances of the case, I am of the view that abetment is such a charge which requires a thorough probe and simply on the allegation of abetment a person cannot be detained behind the bars for indefinite .Period, therefore, at present the case of accused-petitioner is arguable for the purpose of bail.
' For the foregoing reasons this application is accepted and the accused-petitioner is directed to be released on bail on furnishing bail bonds in the sum of Rs.2,00,000 (two lacs) with two sureties each in the like amount to the satisfaction of the Illaqa/Judicial Magistrate Mardan.