1. This bail application under Section 497, Cr.P.C. has been filed against the order dated 25-7-2006 by the III-Additional Sessions Judge, Dadu in respect of Crime No. 5 of 2006 registered in Police Station Mounder District Dadu on 19-5-2006 whereby he had rejected the bail application of the applicant.
2. The brief facts of the case as narrated by the complainant in the F.I.R. are that the applicant alongwith six other persons attacked the complainant and his nephew and in which the other accused on the instigation of the applicant fired on the complainant and his nephew and also assaulted then} with iron bars and blunt side of hatchet. In the F.I.R. it is mentioned that the applicant was unarmed and the only role assigned to him was instigation. I had while granting bail in Criminal Rail Application No. S-487 of 2006 by my order dated 28-8-2006 held as under: "I respectfully subscribe to the above judgments and I am of the view that bail cannot be denied to the applicant as his role in the murder of the deceased was just that of instigator and prima facie it appears that he was armed with unloaded stengun and there is no charge on him of firing with intention to kill.
3. The case of the applicant is stronger as in that case, the applicant was armed with stengun and a murder had been committed as a result of instigation whereas in this case the applicant was unarmed and the F.I.R. has been registered for attempt to murder, I am, therefore, of the opinion that the applicant is entitled to bail.
4. Foregoing are the reasons for which I had admitted the applicant to bail, on his furnishing surety in the sum of Rs.2,00,000 (Rupees two hundred thousand) alongwith P.R. bond in the like amount to the satisfaction of learned trial Court by my short order, dated 4-9-2006.
5. This bail application is disposed in the above terms.