FAZIL KHALIQ alias HAFIZ vs THE STATE through Advocate-General, N.W.-F.P.

ORDER

1. ' RAJA AFRASIAB KHAN, J.---On 6th of April, 1995 at 5-30 p.m., a case under section 302/307/342/365/148/149, P.P.C. Was registered against Nur Rehman, Chari, Fazal Khaliq alias Hafiz, Sher Zada, Sahibzada, Bakht Buland, Khan Bahadur, Amin, Umar Siddique, Azizoor and Saifur Rehman for the murder of Muhammad Hussain and Malangai and causing injuries to Muhammad Nisar Khan and Saltant Khan with Police Station Ouch, District 'Dir. The said incident took place because of a dispute over a piece of land. A cross-case under section 307/148/149, P.P.C. Was also registered on the statement of Fazal Muhammad Khan with the same Police Station for inflicting injuries to the P. Ws. Learned District Magistrate with the powers of Sessions Judge (District Qazi) vide his order dated 20-6-1995 declined to allow bail to Fazali Khaliq, Sher Zada and Saifur Rehman while remaining accused, Sahib Zada, Umar Siddique, Azizur Rehman, Bakht Buland, Khan Bahadar and Amir Bahadar were admitted to bail in the sum of Rs,2,00,000 (two lacs) with two sureties each in the like amount to the satisfaction of Ilaqa Magistrate. On 26-9-1995, a learned Judge in the Peshawar High Court ruled that the petitioner was not entitled to bail because he was attributed fatal injuries to the deceased. Learned Court, however, granted bail to Saifur Rehman and Sher Zada. This petition seeking leave to appeal has been filed.

2. ' Learned counsel submits that as per allegations, a large number of people on both the sides indulged in indiscriminate firing at each other during the occurrence. He argues that all the accused except ' the petitioner' have been released on bail. The learned State Counsel has opposed this application. .We have heard the learned counsel for the parties. T,he necessary record was also read by us with care. We are inclined to grant bail to the petitioner on the plea that it was a case of further inquiry inasmuch as all the accused had been given this relief almost in identical situation. In the given circumstances, the accused could not be discriminated and had to be treated inter se fairly and equally. It has been pointed out by the learned counsel that the witnesses could not see the occurrence in such a big gathering of the people of the area who were armed and took part in the incident. Without expressing any opinion un the merits of the case, we grant bail to the petitioner in the sum of Rs,1,00,000 (one lac) with two sureties each in the like amount to the satisfaction of trial Court. This petition is converted into appeal and (A allowed. .