1. ' MUNIB AHMED KHAN, J.--- This bail application has been made on the ground that the accused has falsely been involved as according to the F.I.R. 3 persons i.e. Applicant, Nando and Rasool Bux fired with their fire-arms straight on the deceased Azad but the police has let off accused Nando and Rasool Bux by mentioning their names in column No,2. It has also been argued that accused Yaseen, who has allegedly fired upon the injured Peerano, has been granted bail by this Court. It has also been argued that injured Peerano in his 164, Cr.P.C. Statement exonerated all the accused persons. It has also been submitted that due to enmity all the family members of accused. Have been involved. On the other hand, learned State counsel has opposed the bail application on the ground that the factual position in respect to letting off the accused is correct but the opinion of the police is not binding upon the Court and that a person has died whilst another was injured.
2. After hearing, it appears that 3 accused have allegedly fired on deceased Azad. It is very strange that the complainant has even mentioned as to which accused has fired at what part of the deceased Azad. Such a situation can hardly be gathered as it would be very difficult for a person to point out as to which accused caused what injury when there is instant scuffle resulting into firing.
3. It is also apparent from the record that two accused Nando and Rasool Bux who have allegedly fired upon Azad have been let off by the police notwithstanding the fact that they have been assigned specific role. The contention of learned A.A.-G. That opinion of police is not binding upon Court is correct but it is also to be kept in mind that the said opinion can be tested upon the touchstone of the facts narrated in the F . I. R.
4. ' In these circumstances, case of accused needs further inquiry, therefore, he is granted bail in the sum of Rs,2,00,000 and P.R. Bond in the like amount to the satisfaction of trial Court.