1. ' The applicant is facing trial in Crime No,66 of 2000 Police Station Dakhan District Shikarpur, which was recorded on 6-10-2000 at the instance of complainant Naik Muhammad. According to him six unknown persons were stealing away his buffaloe from his house, on which, he raised cries and challenged the accused persons. In the meanwhile gunplay took place in between the accused and the complainant party resultantly two persons from the side of accused lost their lives while one Nusrat Hussain and a buffaloe received injuries.
2. ' The main contention of the learned counsel for the applicant is that the applicant has been implicated in this case on the basis of 164, Cr.P.C. Statements which were recorded on 31-10-2000 while the F.I.R. Was registered on 6-10-2000. He submits that in fact neither name of applicant appears in the F.I.R. Nor he has been named in 161, Cr.P.C. Statements of the P.Ws recorded after 6/7 days of the incident. He further submits that the incident has taken place in the night time and false implication of the applicant in such a manner cannot be ruled out.
3. ' On the other hand Mr. Ali Azher Tunio, learned Assistant A-G for the State has very candidly raised no objection for the grant of bail to the applicant.
4. ' We have heard the learned counsel for the applicant as well as learned Assistant A.-G for the State. Admittedly, the incident seems to have taken place at night time. The applicant was arrested on 23-10-2000 and after ten days of his arrest on 30-10-2000 he was put to identification test. He has not been nominated in F.I.R. Nor by the P.Ws in their statements under section 161, Cr.P.C.
5. Statements which was recorded about 6/7 days after the incident which makes the case of applicant of further inquiry. Also, no recovery has been effected from his possession. The learned Assistant A.-G has also not opposed the grant of bail. In the circumstances, applicant Tareen is granted bail subject to furnishing a surety in the sum of Rs,1,50,000 and P.R. Bond in the like amount to the satisfaction of trial Court.