' The applicant Syed Nasir All Shah alias Nomi who is in custody in Crime No.151 of 1998 of Police Station Market for the offence under section 302, 34, P.P.C. Has applied for bail pending his trial. The bail application moved on behalf of the applicant was dismissed by order dated 12-1-1999.
' The report in respect of the incident in which Comrade Lakhano Siyal a Journalist of Hyderabad District was found to be dead with injuries by sharp side weapon, as well as blunt substance and the report was lodged by Ahmed Khan stating therein as follows:- "His maternal uncle Comrade Lakhano Siyal resides adjacement to his house with his family. On 17- 10-1998 there was marriage of one of relative namely Wali Muhammad at Tando Fazal Road and the relatives have also come to attend the marriage and werestaying in the house of Dur Muhammad Junejo whose house is also adjacent to the house of Comrade Lakhano Siyal. His wife was also in the house of Dur Muhammad Junejo with guests where Comrade Lakhano Siyal came and asked his wife that if there was some delay then some of his guests had to come and he would offer tea to them. His wife replied that she was ready. The younger sister of the informant proceeded for the marriage at 17-30 hours and elder sister proceeded with wife of Comrade Lakhano Siyal at about 21-30 hours to attend the marriage. He was present at his house on 18-10- 1998 at about 1430 hours when their relatives returned after attending the marriage, Mst. Ghulam Fatima alias Kunwar alighted down from the vehicle and saw that all the doors of the house were opened and the door of the room of Comrade Lakhano Siyal was also opened. There was blood on carpet. Mst. Ghulam Fatima came outside while crying. The complainant's daughters Shirin aged about 12 years came to the house and informed him that she was not aware as to what happened to Baba Lakhano. On this information he went to the house of Comrade Lakano Siyal where Zaffar son of Imam Bux Junejo and Nazar Muhammad son of Dur Muhammad Junejo were also present.
He found Lakhano Siyal dead and his throat was cut due to knife injury, there were knife injuries on arms and other parts of the body. Carpet was blood-stained. He was informed by Zaffar and Nazar Muhammad that for the last about 1-1/2 months two boys aged about 17/18 years used to come from time to time to the house of Comrade Siyal for service in the Press and on 17-10-1998 he had seen them at about 2000 hours coming to the house of Comrade Siyal who were Urdu speaking and on seeing them they could identify them. The information was conveyed to the Market Police Station. The dead body was removed for _L.M.C. Hospital for necessary action and after the post- mortem examination the dead body was handed over for burial. The household articles were checked nothing was found stolen after the burial the report was lodged against two unknown accused who could be identified on seeing and Comrade Lakhano Siyal was Ex Vice-President of Press Club who was murdered by causing the knife blow. After the report police have arrested the applicant and co-accused Muhammad Babar on the day of the report viz: 18-10-1998. During the investigation the following pieces of evidence are said to have been collected."
1. The last seen evidence of the deceased with the applicant and co-accused through identification held on 26-10-1998 inside the Jail where the applicant and co-accused has been picked up by P.Ws. Nazar Muhammad and Zaffara Recovery of dagger (not stained with blood).
2. Shirt appearing name of Nomi.
' The bail application moved before the learned III AdditiOnal Sessions Judge was dismissed hence the present bail application. I have heard the learned counsel for the applicant Mr. Syed Madad Ali Shah as well as Mr. Anwar Ansari counsel for the State.
' Mr. Madad Ali Shah has raised the following contentions in support of the bail application moved on behalf of the applicant.
1. That it is an unwitnessed incident.
2. That the evidence collected' against the applicant is only circumstantial evidence in the shape of last seen evidence as well as the recovery of dagger allegedly used in the crime which is not bloodstained.
3. That the clothes of the culprits bearing name "Norni" which was not mentioned even at the time of lodging of the report. He further contended that even the identification test was not held in accordance with the rule laid down by the Superior Courts as thirteen dummies were mixed in joint identification parade of the two accused.
' Mr. Anwar Ansari counsel for the State has conceded for the grant of bail as according to him on the basis of evidence collected it cannot be said that there are reasonable grounds to believe that the applicant has committed the offence.
The last seen evidence has been. Furnished by P.W. Nazar Muhammad and Zaffar Ali by identifying the applicant in a joint identification parade wherein only thirteen dummies were mixed. The ratio of dummies so mixed in a joint parade was against the rule laid down by the Superior Courts. The recovery of dagger is on pointation of both the accused which is not blood-stained. The clothes so secured from the Wardat have not been noticed or mentioned in the report lodged earlier though on the same day. These facts leads that there is no reasonable ground to believe that applicant has committed the offence as such the case of the applicant requires further inquiry under the provisions of subsection (2) of section 497, Cr.P.C. I, therefore, grant the applicant Syed, Yasir Ali Shah alias Nomi bail in the sum of Rs.1,00,000 (Rupees one lac) with P.R. Bond in the like amount to the satisfaction of the trial Court.
' The observations made at the bail stage are tentative in nature and will not influence the trial.