Law:

Section:

On the report lodged by the petitioner Mst. Zarizadgai on 1-6-1987 at 1215 hours with police station Suburb Peshawar, a case was registered vide F. I. R No.159 under section 302, read with 148/149, P.P. C. against the two respondents herein and three other accused namely one Jalat and his two sons Saifullah and Javed for the murder of Azad Khan decease by firing at him. In the course of Investigation, the accused-respondents were not traceable on their en addresses. Consequently warrants of arrest under section 204, Code of Criminal Procedure were issued but were returned unserved with the report that the accused have gone into hiding and to evade their arrest were not traceable in their villages. The learned Magistrate Ist Class Peshawar there recorded the statement of Bakhtaj Khan, D. F. C., Police Station Suburb on oath and ordered to initiate proceedings under section 87, code Criminal Procedure against the accused including the respondents. This order presumably was passed on 5th July, 1987.   2- While the remaining three accused are still fugitive from law, the two respondents applied for their bail before arrest which was rejected and the accused were taken into custody on 15-7-1987.   The respondents, thereafter approached the local Magistrate Ist Class with a prayer to be released on bail which was declined on 20-7-1987. Their application to the learned Additional Sessions Judge, Peshawar however found favour with him and the accused-respondents were released on bail vide his order dated 27-7-1987_ This application is filed by the petitioner to question the release of the respondents on bail with a prayer to recall the order of the learned Additional Sessions Judge.   I have heard Mr. Attaullah Khan, learned counsel for the petitioner, Qazi Muhammad Anwar, advocate, learned counsel for the respondents as also Mian Muhammad Ajmal, Additional Advocate-General for the State.   On behalf of the petitioner it is urged that the accused respondents have been charged in the F.I.R. lodged in the Police Station with promptitude; that the prosecution witnesses, at least, support the prosecution version to the extent that the respondents armed…