1. ' DR. QAMARUDDIN BOHRA, J.---This is Criminal Bail Application, which leads the brief facts of the F.I.R., which was recorded on the statement of the injured/complainant Muhammad Sher son of Saboor Jamali on 12-2-2008 at 11-15 at Abbasi Shaheed Hospital that he is residing at Gharibabad Goth, Jamali Goth, Karachi and working as labourer. On the said date he was going home on his bike bearing registration No, SKB-1724, Honda CD-70 Motorcycle from Lasi Goth, at about 8-30 p.m.
2. When he reached at Shah Haroon Society Main Road, saw that five persons were standing in dark, suddenly they came in front of him and stopped him, they had T.T. Pistols in their hands and put T.T.
3. Pistols upon him and tried to snatch his motorcycle, during his resistance they had fired upon him with the intention to kill him and he sustained bullet injury on his sexual organ and during resistance from two of their faces muffle fell down and he identified them (1) Imran Khan Pathan Afghani Jamali Gothwaala (2) Nazro son of Nazro Pathan, when he became injured and fell down on earth they snatched his bike and Rs,800 from his pocket. He became unconscious, when he opened his eyes he was in Abbasi Shaheed Hospital. His claim is against Imran, Nazro and their three companions for snatching his bike and Rs,800 on the show of weapon, making firing and injured him with the intention of murder.
4. ' The applicant/accused moved criminal bail application before the learned II-Additional Sessions Judge Malir, which was rejected, as such he has preferred the bail application before this Court.
5. ' Heard learned counsel for the applicant/accused as well as learned A.A-G. For the State.
6. ' The learned counsel for the applicant/accused contended that during the investigation the Investigating Officer A.S-I. Aneel Ahmed Khush submitted report under section 497 (II), Cr.P.C. For the release of present applicant/accused, in the Court of Learned Vth Judicial Magistrate, Malir, Karachi on 2-3-2008 but the learned Magistrate disagreed with the report under section 497 (II), Cr.P.C. And directed Investigating Officer to submit the report according to law vide order dated 17- 3-2008, subsequently Investigating Officer has submitted final challan 173, Cr.P.C. In "A" class with the request to the Court to discharge the applicant/accused from the case but learned Vth Judicial Magistrate, Malir Karachi was disagreed with the report and treated the present applicant/accused as accused in the alleged offence. The learned counsel for the applicant/accused further contended that the applicant/accused is innocent and has falsely been implicated by the complainant with mala fide intention and ulterior motives. He further contended that during investigation complainant failed to produce confidence inspiring evidence before the Investigating Officer as such applicant/ accused was declared innocent but the learned Vth Judicial Magistrate, Malir did not agree with the report. He further contended that nothing has been recovered from the possession of the applicant/ accused and no specific role against the accused has been assigned in the body of F.I.R. He further contended that two prosecution witnesses Shahid Ahmed and Muhammad Sarwar disclosed in their statements under section 161, Cr.P.C. That complainant has falsely implicated the accused due to enmity.
7. ' Mr. Agha Zafir, learned State Counsel has opposed the bail application on the ground that the applicant/accused is named in the F.I.R. And his presence at the time of incident connects him with the offence with the commission of offence.
8. ' In the F.I.R. The injured has alleged five persons armed with T.T. Pistols and on show of pistol they have fired on him. It is admitted that there is only a single injury which is not attributed to this applicant/accused. The prosecution also failed to recover the weapon or any empty from the place of incident and all this makes the applicant/accused's case as of further inquiry, as such he is admitted on bail in the sum of Rs,300,000 (Rupees three lac only) with P.R. Bonds in the like amount to the satisfaction of the trial Court.