1. ' By this order I intend to dispose criminal bail application of applicant Allah Bakhsh who is involved in Crime No,1 of 2004 of P.S. Kashmore for an offence under sections 302, 109, 34, P.P.C. Bail plea of the applicant was declined by the trial Court vide order dated 4-8-2004.
2. ' The allegation against the present applicant, as per F.I.R. Is that he along with co-accused Saleem alias Salloo duly armed with guns jointly made straight fires at Asghar Ali and then left the scene of offence. Subsequently, the complainant party noticed that Asghar Ali had received one fire-arm injury on his right side of abdomen, having exit wound, which resulted into his death.
3. ' I have heard learned counsel for the respective parties and perused the material brought on record. It has been contended that in the F.I.R. The applicant Allah Bux, along with co-accused Saleem alias Salloo were alleged to have caused fire-arm injuries on the person of deceased but the medical evidence disclose injury being entry and exit as a result of one shot. It has also been contended that the applicant is responsible for general allegation and no specific part is assigned.
4. Besides one empty was secured from the place of occurrence which is indicative of the fact that only one shot was fired. On all these scores it has been contended by the leaned counsel for the applicant that it is a fit case where the applicant could be enlarged on bail.
5. ' As against the arguments of learned counsel for the applicant, it has been contended by the learned counsel for the State that nothing incriminating is secured from the possession of the applicant. As per record only one empty has been recovered besides the role of general allegation is attributed. In view of above legal position he concedes to the grant of bail.
6. ' For what it has been discussed above, I am of the considered opinion that learned counsel for the applicant has been able to make out a case for bail which is granted provided he furnishes surety in the sum of Rs,2,00,000 and P.R. Bond in the like amount to the satisfaction of Additional Registrar of this Court.