1. ' KHALID ALI Z. QAZI, J.--- This is an application for bail moved on behalf of applicant/accused namely Momin alias Muhammad Shah who along with co-accused are involved for the alleged commission of the offence under sections 302, 109, 148, 149, P.P.C. The case against the applicant is based on the F.I.R. On 2-2-2001 filed by the complainant Anwar Ali Shah at Police Station Badeh vide Crime No,16 of 2001.
2. ' The brief facts of the prosecution case as disclosed in the F.I.R. Are that the complainant's nephew Qamaruddin had gone to Seehar and did not return to his home. Thereafter in the following morning the complainant along with nephew Nadir Ali Shah, Ghulam Mustafa and Abdul Shah left for search of Qamardin Shah. At about 10-00 a.m. When they reached at the graveyard they saw accused (1) Shabir Shah, (2) Nazir Shah, (3) Deenal Shah and (4) Momin Shah along with two unidentified persons armed with guns. It is alleged that the accused Abid Shah shouted that his son Sabir Shah was poisoned about five months back as such Qamarddin was done to death on yesterday evening near village Seehar and said that he would also kill Nadir Ali Shah. It is alleged that accused Abid and others fired at Nadir Ali Shah who, on receipt of fire-arm injury, fell down.
3. The complainant raised cries which attracted co-villagers thereafter all the accused decamped towards the west. The complainant party saw injuries on the person of Nadir Ali Shah who was bleeding and had expired. The complainant party leaving the villagers over the dead body went to village Seehar along with Ghulam Mustafa Shah and found the dead body of Qamarddin Shah h ving fire-arm injuries. He then leaving the witnesses over the dead budy went to Larkana to narrate facts of the incident to his brother Chhuttal Shah at Larkana but he was not available thereafter, thec snplainant came to Police Station Badeh and lodged the F.I.R. Stating erein that accused at the instance of Ahmed Shah and Khadim Hussain had committed murder of Qamarddin and Nadir Ali Shah.
4. ' Mr. Syed Abdul Rasheed Shah, Advocate for the applicant has argued that the applicant is quite innocent and he has been falsely implicated in this case due to enmity and suspicion. According to him there is delay of 4 hours for lodging the F.I.R. Which is not plausibly explained. He has further submitted that no overt act is attributed to the present applicant for the commission of the above offence. It is not said to have caused injury to the deceased or to the complainant by the applicant.
5. It is further argued that the S.H.O. Of police station has filed supplementary challan vide dispatch No,16/2000 dated 15-2-2002 in the Court of 5th Additional Sessions Judge, Larkana wherein the accused/applicant is kept in Column No,2 of the challan. He further submits that the accused was shown as absconding accused in challan who was working as JTC in Traffic Section Airport District Malir at Karachi. The inquiry was admitted on the direction of I.-G. Police by Inspector Haji Khan Abro Crime Branch, Larkana who in his report has declared the accused as innocent and further has submitted in his report that on the date of alleged incident, the said constable Momin Shah alias Muhammad Shah/applicant was available on his duty and from the Order No,PB/3802/2001 of S.S.P., Larkana it appears that since the evidence against the accused in above case could not be proved therefore, I.-G. Sindh got inquiry through Crime Branch, Larkana from which it is proved that the accused was not guilty of the offence. He further submits that the co-accused namely Ahmed Shah Ismail and Khadim Hussain son of Sulleman Shah have already been granted bail by the learned trial Court on 3-5-2001, therefore, as per rule of consistency the applicant is also entitled for concession of bail. He further submits that case of the applicant is on better footings of the case of co-accused Ahmed Shah and Khadim Hussain.
6. ' Mr. Nisar Ahmed G. Abro, learned State Counsel has no objection for the grant of bail to the applicant as the name of the applicant has been shown in supplementary challan in Column-II.
7. I have gone through the contents of the material available on record and heard arguments of the learned counsel for the applicant and State and gone through the record. Admittedly the name of the applicant has been shown in Column No,II of the supplementary challan. Admittedly no overt act has been attributed to the present applicant but his presence has been shown at the place of incident along with co-accused at the time of incident. The inquiry reports conducted on the orders of Inspector-General Police Sindh established that accused is working as JTC in Traffic Section Airport in District Malir at Karachi and in his report it is mentioned that on the date of alleged incident the said constable/accused was available on his duty and from the Order No,PB- 3802/2001 S.S.P. Larkana it appears that since the evidence against the accused already challaned in above crime could not be proved hence Inspector-General of Police Sindh, Karachi has got inquiry through Crime Branch Larkana from which it has been proved that the accused is not guilty of the offence as on the day of incident, he was available at his duty in Karachi. The document of such proceedings have been submitted along with the supplementary challan by the Inquiry Officer on 15-2-2002. Furthermore, the complainant himself has stated in the F.I.R. That incident taken place at the instance of the co-accused namely Ahmed Shah and Khadim Hussain who have already been granted bail by the trial Court.
8. ' It appears that the question of involvement of the applicant in the alleged offence now becomes doubtful. At this stage this is a case of further inquiry. Accnrdingly, the bail is granted to the applicant/accused Momin alias Muhammad Shah subject to furnishing solvent surety in the sum of Rs,2,00,000 and P.R. Bond in the like amount to the satisfaction of trial Court.