1. ' SALMAN ANSARI, J.--- 1. Granted subject to all just exceptions.
2. This bail application has been moved on behalf of applicant! Accused Muhammad Usman son of Ilyas, the F.I.R. In this case was lodged by complainant Abdul Aleem son of Haji Abdul Khalique Soomro, a Zamindar by profession, who on 12-7-2008 was sitting in his bungalow, when at about 10-00 p.m. Eight armed persons entered in his house and attempted to kidnap him on gunpoint and meanwhile resorted to indiscriminate firing on his bungalow and damaged the house and the vehicles parked there. The complainant has named six persons along with two persons whose names were not known but could be identified on being seen again. The reason for the attack being that accused Abdul Rehman alias Adro had challenged the complainant that his father had blocked his way through police. The F.I.R. Was registered on 15-7-2008 at Police Station Bulri Shah Karim District Tando Muhammad Khan under sections 452, 324, 337-H(ii), 365, 427, 147, 148 and 149, P.P.C. And 6/7 of A.T. Act. The applicant/accused was arrested on 20-7-2008 in an encounter case with the police in which arms were recovered from his possession. The learned Additional Sessions Judge, Tando Muhammad Khan rejected the bail application moved on behalf of the applicant/ accused.
2. ' It is argued that it is a case of ineffective firing, the applicant/ accused has not been named in the F.I.R., and no identification parade has been conducted, placing reliance on 2008 YLR 2544, (Karachi), 2008 YLR 2952 (Karachi), 2001 YLR 643 (Lahore), 2006 YLR 3022 (Karachi), 2008 PCr.LJ 1277 (Karachi), 2002 M LD 670 (Karachi), 1990 SCM R 1085, 1998 SCM R 454 and 1996 PCr.LJ 1573 (Karachi), he has prayed for bail to applicant/accused.
3. ' Learned Assistant Advocate-General has opposed the bail application on the grounds that the applicant/accused is a dangerous criminal and a dacoit and operates in the Jungle with the party of notorious dacoit Abdul Rehman alias Adro. He was apprehended in another encounter case, hence he is not entitled to the concession of bail.
4. Having heard the arguments put forward in this case, though the F.I.R. Has been lodged on 15-7- 2008 at 1430 hours and the incident is of 12-7-2008 at 10-00 p.m. Yet, the applicant/accused Muhammad Usman has not been named in the F.I.R., as incorrectly shown in the bail order of the learned Additional Sessions Judge, Tando Muhammad, no identification parade memo. Has been produced to show whether the applicant/accused was identified by the complaint, as he was not named in the F.I.R., hence I find that case of the applicant/accused, at this stage, would require further inquiry. Therefore, present bail application is allowed and the applicant/accused Muhammad Usman be released on bail on furnishing solvent surety in the sum of Rs,2,00,000 (two lac) and P.R. Bond in the like amount to the satisfaction of the learned trial Court.