1. ' RAHMAT HUSSAIN JAFFERI, J.---On 28-9-2003 at 9-45 p.m. On the National Highway the vehicle of the complainant became punctured therefore it was being prepared when unknown persons armed with Kalashnikovs came there. They fired at the cleaner which hit him. P.W. Gohar received the injuries. In the meantime police party arrived there. They chassed the culprits but the culprits also fired at the police and then they were successful in escaping from the place of incident. The applicant was arrested on 4-10-2003. On 11-3-2003 he was put in identification test where the P.Ws.
2. H.C. Abdul Wahab and H.C. Hadi Bux identified him to be one of the culprits therefore he has been involved in the case.
3. ' I have heard the Advocate for the applicant, State counsel and perused the record of this case very carefully.
4. ' The case of the applicant is that he and Mst. Zaibul and the applicant were travelling in a bus when they reached at Baiji Sharif, Chowk Bus Stand the S.H.O. Ghulam Nabi of Police Station Baiji Sharif, where the present incident took place, took Mst. Zaibul and applicant to the police station where Mst. Zaib-un-Nissa was arrested on 2-10-2003 at 2-00 p.m.
5. It is alleged that the applicant Niaz Ali was also arrested by the Police thereafter Mst. Zaib-un-Nissa was released then she filed application under section 491, Cr.P.C. Before the Sessions Court on 10- 10-2003 against the police and in retaliation the police in order to save themselves from the case involved the applicant. The case of the applicant is supported by the relevant documents which have been filed along with the petition.
6. In this background I have examined the case of the prosecution and found that the applicant was allegedly arrested on 4-10-2003. After seven days he was put in the identification test where the two police officers H.C. Abdul Wahab and H.C. Hadi Bux identified the applicant to be one of the culprits. Both the police officers are posted at the place where S.H.O. Ghulam Nabi was posted and against whom Mst. Zaib- un-Nissa file application under section 491, Cr.P.C. From, this fact it appears that the police had grudge against Mst. Zaib-un-Nissa and the applicant Niaz. Further more after the arrest of the applicant he was put in the police lock-up where both the P.Ws. H.C.
7. Abdul Wahab and Hadi Bux were posted as such possibility of seeing the accused in the custody of police by these two P.Ws. Cannot be ruled out. In all fairness the police in order to implicate the applicant should have arranged identification parade through the private witnesses who were available at the scene of offence at the time of the incident but the police did not care to adopt such procedure and has destroyed a valuable piece of evidence.
8. ' The learned Advocate for the applicant has relied upon the authorities reported as Badlo and another v. The State 2004 PCr.LJ 157; Mithal v. The State 2005 PCr.LJ 630 and Muhammad Shafi and others v. Amanat Ali and others 2005 M LD 558 in support of his contention that the identification test in such circumstances carries no weight.
9. ' The rule laid down in the authorities are applicable to the facts and circumstances of the case.
10. After considering the material available on record particularly the plea of the applicant supported by documents I am of the considered view that the applicant is entitled to the concession of bail therefore bail is granted to the applicant in the sum of Rs.1,00,000 on furnishing solvent surety with P.R. Bond in the like amount to the satisfaction of the trial Court. The application is allowed.
11. ' The observations made in this order are tentative in nature which shall not come in the way of the trial Court while deciding the case.