Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 497(2)---Penal Code (XLV of 1860), Ss.302/324/34---Qatl-e-amd, attempt to commit Qatl-e-amd and abetment---Bail, grant of---Further inquiry---Accused (father) was charged for commanding co-accused (son), who had gone into hiding and had been charged for firing effective shot at the deceased---Whether the role assigned to accused was result of exaggeration to rope him in, so that he may not be at large to pursue litigation; whether accused's stay in the village despite being named in F.I.R. could be held to be more consistent with innocence rather than guilt when co-accused had gone into hiding and whether the role of commanding attributed to accused who himself was armed with Kalashinkov could be held to be ornamental or at par with abetment, were questions calling for further inquiry---Accused's petition for leave to appeal was converted into appeal and allowing the same he was admitted to bail. Khawaja Muhammad Khan Gara, Advocate Supreme Court and Mir Adam Khan, Advocate-on-Record for Petitioner Miss S. Naz Muhammadzai, Advocate Supreme Court for the State. Sabitullah Khan Khalil, Advocate Supreme Court and Abdul Qayyum Sarwar, Advocate-on-Record for Respondent No.2 Date of hearing: 14th December, 2011. JUDGMENT EJAZ AFZAL KHAN, J.---This petition for leave to appeal arises out of judgment dated 23-9-2011 of the Peshawar High Court, Peshawar whereby the petitioner in a case registered against him and another under sections 302/324/34, P.P.C. vide F.I.R. No.431 dated 10-8-2011 in the Police Station of Saddar District Bannu, was declined bail. 2. Learned counsel appearing on behalf of the petitioner contended that the role of commanding the co-accused attributed to the petitioner appears to be a result of exaggeration which is custonlary in this part of the country to rope in even elders of the family so that he may not be at large to pursue the litigation. He next contended that the stay of the petitioner in the village despite being named in the F.I.R., appears to be more consistent with his innocence rather than guilt, therefore, his case becomes arguable for the purpose of bail. 3. Learned counsel…

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