1. ' AGHA RAFIQ AHMED KHAN, J.---Applicant/accused was arrested on 10-9-2007 at night between 9- 9-2007 and 10-9-2007 by Police Station Shahra-e-Noor Jahan. Allegations as stated in the F.I.R. Are that he along with two other persons was going on motorcycle at about 2245 hours in the night when they reached near the Sky Marriage Hall, Police challenged them for checking purpose but they started firing on the police party. Police party also fired upon them one bullet hit to Muhammad Khurram who died on the spot and present applicant was arrested along with T.T.
2. Pistol and three live bullets. Police registered case being Crime No,343 of 2007 under sections 353/324/186/34, P.P.C.
3. ' Ms. Abida Parveen Channer, Advocate has argued that though the incident is said to have taken place near the Marriage Hall at 10.45 p.m. But no private person has been made witness. She has further argued that in the alleged encounter no injury has been received by the police personnel and more than 4 months have passed no challan has been submitted by the police.
4. ' Mr. Muhammad Qasim Mirjat, A.A.-G. Has opposed the bail application.
5. ' I have given full consideration to the arguments and have examined the material available on record. Admittedly no police personnel has received injury in the alleged encounter and no private person has been made witness though the Marriage Hall was very near to the place of incident. No explanation to that effect is available in police record.
6. ' Looking to these circumstances, I am of the considered opinion that the case requires further inquiry, therefore, applicant is entitled for grant of bail. Bail is granted to the applicant subject to furnishing 'surety in the sum of Rs,1,00,000 and P.R. Bond in the like amount to the satisfaction of the trial Court.