1. ' ALI SAIN DINO METLO, J.- Heard learned counsel for the applicant and the learned State counsel.
2. The latter does not oppose bail as the investigating agency has failed to collect any evidence against the applicant.
3. ' According to the prosecution, on 17-10-2006 at 2315 hours, four persons, armed with pistols, tried to snatch mobile phone from deceased Mishal Khan in the street in front of his house situated in Majeed Colony, Sector-II, Landhi, Karachi, and on his resistance they killed him by making fire on his right chest.
4. ' The matter was reported to police by his son Jehangir, who was informed on telephone about the incident. In his complaint he alleged that four unknown persons, due to some unknown enmity, had killed his father by making fires upon him. The F. I. R. Was registered on 18-10-2006 at 0145 hours, at Police Station, Quaidabad. On the same day three persons, namely, Muhammad Nafees, Raza Muhammad and Kamran stated before police that they had seen four persons, not previously known to them, running away from the place of incident immediately after the incident. The applicant was arrested on 20-10-2006 and a pistol was allegedly recovered from his possession.
5. The Investigating Officer tried to get the applicant identified but the eye-witnesses declined to identify him and declined to appear before the Magistrate.
6. ' In such circumstances, when the name of the applicant does not appear in the F.I.R. As well as in the statement of the eye-witnesses, and the eye-witnesses declined to identify him, it cannot be said that there are reasonable grounds to believe the applicant guilty of the offence. The matter required only further inquiry as contemplated by subsection (2) of section 497 of the Code of Criminal Procedure, 1898, and the applicant is entitled to bail. He is, therefore, directed to be released on bail on giving one surety in the sum of Rs:2,00,000 and personal bond in the like amount to the trial Court.