Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302/324/148/149- Qatl-e-amd and attempt to commit qatl-e-amd---Bail, grant of---Further inquiry---Record of the case had revealed that two criminal cases were registered vide two different even dated F.I.Rs. wherein the time of occurrence and venue of occurrence were the same; which on the face of it suggested that it was a case of two versions---Ten persons had been charged for effective firing on the person of the deceased; resultantly who received three injuries---Prima facie it would suggest that the case of accused persons was that of further inquiry as the record in the case was silent about the specific role attributed to any of the accused---No one from accused could be held responsible for the effective firing, which was a matter to be resolved after recording of evidence by the Trial Court and it could not be determined as to how the occurrence between the two sets of complainant/accused started and who was the aggressor and who was aggressed upon---All said facts required further probe by recording of evidence---On the same set of evidence, one of accused was released on bail---Role of accused in the commission of offence was at par with the role attributed to accused persons---Accused were also entitled to the concession of bail---Accused were directed to be released on bail, in circumstances. Shoaib Mehmood Butt v. Iftikhar Haq and others 1996 SC 1845; Ali Sheharyar v. State 2008 SCMR 1448; Attaullah Khan v. Samiullah 2009 SCMR 299; 1979 SCMR 34; Sohail Hameed v. Federation of Pakistan PLD 1993 F.S.C.-44 and Ch. Javaid Riaz v. The State 2007 PCr.LJ 1332 ref. Khawaja Muhammad Khan (Gara) for Petitioners. Miss Surriya Jabeen and Muhammad Safdar Khan for Respondents. Date of hearing: 23rd April, 2010. JUDGMENT MAZHAR ALAM KHAN MIANKHEL, J.---The petitioners herein have approached this Court to seek the concession of bail in case F.I.R. No.715dated 4-10-2009 Police Station, Peshtakhara, registered under sections 302/ 324/148/149, P.P.C, after dismissal of their application for bail. 2. Learned counsel for the petitioners contended that the instant case is a cross-case…