' ZIA PERWEZ, J.--- Applicant Khan Muhammad alias Khano is facing trial for an offence under sections 324, 353, 34, P.P.C. Registered under F.I.R. No,119 of 2004 of Police Station Gadap Malir, Karachi, seeks bail.
2. Brief facts of the prosecution case are that the complainant along with other police personnel received spy information on wireless during patrolling, that Rasheed Dacoit along with his companions, entered into Dur Muhammad Village and are making firing. The complainant along with other police officials reached at Dur Muhammad Village at 0215 hours, where the dacoits started firing on the police. The police also made firing in self-defence and succeeded to apprehend two accused persons, who disclosed their names Noor Muhammad and Khan Muhammad alias Khano, from whose possession one kalashnikov along with empty magazine and one unlicensed pistol were recovered. The police also recovered one kalashnikov along with 8 bullets, four gallons of Katchi liquor. The accused persons disclosed the names of their accomplices who escaped as Shahid, Imran and four unknown persons.
3. Heard learned counsel and perused the record. Contention of learned counsel for the applicant is that the applicant was arrested without any involvement. There is no eye-witness and no recovery has been effected from his possession and no specific role has been assigned to him.
4. The application is opposed by the State Counsel on the ground that the applicant was apprehended on the spot at the time when the dacoits attacked at the village. He is member of the gang.
5. The applicant was arrested from the deserted location at a time when the dacoits attacked in shape of a gang. He has been arrested in presence of independent witnesses of the locality. He was with another member of the gang who received bullet injuries and died on the spot. There is sufficient prima facie material available on record to connect the applicant with commission of alleged offence. No ground attracting prohibitory clause of section 497, Cr.P.C. Is made out.
6. Under the circumstances, this bail application is dismissed.