1. ' ALI SAIN DINO METLO, J.- Heard Messrs Habibullah G. Ghori, Advocate for the applicant and Muhammad Ismail Bhutto, State Counsel. The later has opposed the bail application.
2. ' According to the prosecution, on 21-3-2006 at about 9-20 p.m. On Warrah- Ahmedi Tunio Link Road near house of Raza Muhammad Khwhawar, co-accused Gulbahar Buriro and two unknown persons robbed, on gun-point, complainant Maznoor Ali of his mobile telephone set worth Rs.
3. 15,000, a gold necklace worth Rs. 10,000 and cash of Rs.8,000, total amounting to Rs.33,000 in presence of his wife's brothers Jehangir and Abdul Karim. The matter was reported to Warrah Police situated at the distance of only one furlong on the same day at 2245 hours.
4. ' On 25-3-2006 i.e. After 4 days of the incident Jehangir and Abdul Karim stated before police that they had also identified applicant Ahmed Nawaz at the time of incident. On the basis of their such statement he was arrested but neither any weapon nor any stolen property was recovered from him. The trial Court has refused him bail mainly on the ground that there was nothing to show that the witnesses had enmity with him and that such type of street grimes required to be dealt with iron hands. Absence of enmity is not the only surety about truth of a witness and the Courts are required to go by evidence and do justice according to law and not to be much influenced by the rate of the crime which should primarily be the concern of police. The fact that Jehangir and Abdul Karim, who were with the complainant at the time of incident, did not claim, at that time, to have identified the applicant and made such claim for the first time after 4 days militates against the reasonableness of the ground put forward for believing the applicant guilty. The matter requires only further inquiry as contemplated by subsection (2) of section 497, Cr.P.C and the applicant is entitled to bail. He is, therefore, directed to be released on bail on furnishing one surety in the sum of Rs.50,000 and personal bond in the like amount to the satisfaction of the trial Court.