1. ' MUHAMMAD AFZAL SOOMRO, J.---By this order I propose to dispose of the instant bail application filed on behalf of applicant Haji Tahir in a case bearing F,I.R. No.334 of 2001 of Police Station Gulzar- e-Hijri, Karachi for an offence under sections 302/24/109/34, P.P.C.
2. ' The bail plea of the applicant was declined by the IInd Additional Sessions Judge, Malir, Karachi vide order dated 10-10-2005.
3. ' The prosecution story as enunciated in the F.I.R. Is that on 184-2001 at 9-25 p.m. F.I.R. Was lodged on the basis of statement of HC-Mushtaq Ahmed under section 154, Cr.P.C. Wherein it is stated that on 18-7-2001 he along with his friends HC-Waseem Ahmed went to the house of A.S.-I. Muhammad Soulat to see him where at about 2-30 p.m. a telephonic call was received by him, which was later on disclosed by him by Mr, Agha Afghani. Thereafter, he asked them to accompany with him to the office of Mir Agha at AlAsif Square Sohrab Goth and both of them along with A.S.-I. Saulat went in a Car bearing Registration No.AA-1913 white colour Alto Suzuki and reached office of Mir Agha where besides Mir Agha two other persons namely Usta Muhammad and Siafullah were already present and a security Guard was also there. After reaching there, Mr. Agha and Saulat discussed about the arrest of present applicant and Saifullah offered his services to Saulat for the arrest of the present applicant pretending that he is a man who can get the present applicant arrested. Thereafter, he went outside to bring such person but returned after 2-1/2 hours and said that the said person could not be contacted. Meanwhile, a call from Mullah Abdul Salam was received by Saulat who asked Mullah Abdul Salam to help for the arrest of the present applicant's Group. At about 7-00 p.m. Again a call from Mullah Abdul Salam was received by Mr. Saulat whom he disclosed that they are leaving the office and thereafter all the three sat in the car of Saulat who occupied driving seat whereas the complainant on the front seat while Waseem Ahmed sat on the rear seat and at about 7-00 p.m. They reached at Block-6. Al-Asif Square Gate from the middle staircase on the right side present applicant. Gul Muhammad, Inayatullah and Sardar alias Karwan Wala were standing holding pistol in their hands and on seeing the complainant party opened firing with intent to cause their death. A bullet fired by the present applicant hit A.S.-I. Saulat on the neck below the head and thereafter a fire was targeted by Inayatullah on Saulat. Which touched the shoulder bone whereas Sardar and Gul Muhammad straightaway fired bullets on the complainant which caused him injuries both his hands, whereafter Saulat tried to escape from the scene of offence by giving speed to his car which collided with foothpath as he could not control over it.
4. People of the vicinity gathered and took the injured persons to Agha Khan Hospital where Saulat succumbed to the injuries and died while the complainant remained under treatment upon whose statement. F.I.R. As above was' lodged.
5. ' The investigation followed and in due course the case was sent up to stand trial in the Court of IInd Additional Sessions Judge, Malir, Karachi.
6. ' I have heard the learned counsel appearing on behalf of the applicant and Mr. Sohail Jaffar, learned Advocate appearing on behalf of the State and also perused the record. It has been contended by the learned counsel for the applicant that the applicant/accused was arrested on 24-6-2003 and remanded to jail without any investigation and the applicant/accused is still behind the bars for more than three years but not a single witness has been examined. He further contended that the delay cannot be attributed to the applicant/ accused because the trial is conducted inside the jail. In support he has filed copies of diary sheets. He further contended that the accused is entitled for concession of bail on the ground of hardship.
7. ' Learned counsel appearing on behalf of the state conceded to the above legal position and raised no objection if the bail is granted.
8. I have given my anxious consideration to the arguments of the respective parties and feel that the learned counsel for the applicant had been able to make out a case for bail which is granted provided he furnishes surety in the sum of B Rs.1,00,000 and PR bond in the like amount to the satisfaction of the trial Court.
9. ' Above are the reasons for the short order dated 11-9-2006.
10. ' Before parting with this order. I may mention that in the short order dated 11-9-2006 by inadvertence it was recorded that the applicant would furnish surety to the satisfaction of the Nazir of this Court, which has been rectified herein above.