1. ' ZIA PERWEZ, J.--- Applicant, Soharo is facing trial for the offence under section 302/34, P.P.C. Under F.I.R. No,442 of 2003, Police Station Ferozabad, Karachi East, seeks bail.
2. ' Brief facts of the prosecution case are that one dead body was brought at Jinnah Hospital. After proper formalities were completed by Medico-Legal Office in presence witnesses, the dead body was thereafter taken to Edhi Centre, Sohrab Goth. The place of recovery of the dead body was inspected in presence of witnesses. The complainant claims that the said unknown person has been murdered by some unknown accused due to unknown reasons by using deadly weapons and the bullet has gone through and through from the side of the eye and the backside of the neck.
3. ' Heard learned counsel and perused the record.
4. ' Mr. Shaikh Jawaid Mir, learned counsel for the applicant, has contended that the applicant has been falsely implicated in this case on the basis pf statement of co-accused without proving of identity. He has placed on record photocopy of the National Identity Card of the applicant bearing No,43205-4926900-7, showing his name to be Sonharo and address of Larkana. That there is no recovery of any article or material from the possession of the applicant.
5. Mr. Qazi Wali Muhammad, learned State counsel, has contended that name of present applicant is mentioned in the challan on the basis of statement of the co-accused under section 164, Cr.P.C.
6. Recorded before Magistrate. That his identity is a question, to be determined at the time trial, however, he conceded neither name, address nor identity of the accused has been ascertained.
7. The only incriminating material against present accused is statement recorded under section 164, Cr.P.C., however, stating that Sonu had provided the weapons by which offence was committed, however, the question of identity, name, address and particulars require consideration at the time of trial. Case of further inquiry is made out.
8. ' Accordingly, the applicant is admitted to bail subject to his furnishing solvent surety in the sum of Rs,2,00,000 and P.R. Bond in the like amount to the satisfaction of learned trial Court.