1. ' SALMAN ANSARI, J.--- This application has been moved on behalf of Soofan alias Tahir, briefly the prosecution case is that on 9-2-2008 at about 8.10 hours he heard sound of gun shots and he along with his cousin Ghulam Mustafa came outside the house and saw four persons namely Hanif alias Bhoora, Nisar, Ali Gul and an unknown person had caused injuries to his younger brother Muhammad Hanif and escaped in the night, Muhammad Hanif had received gun shot injuries on his chest, face, right shoulder and on his thigh and succumbed to the injuries on the way to the hospital, accordingly this F.I.R. Was lodged. The accused were arrested on 5-2-2008 and the learned IInd Additional Sessions Judge, Karachi-Central rejected the bail application by order, dated 8-8-2008, hence this bail application.
2. ' Learned counsel for the applicant has argued that admittedly it is a night time incident and it is a matter of further inquiry whether any witness could have identified the accused and named in the F.I.R. Which was lodged after an unexplained delay giving rise to apprehension that time was afforded to the complainant party to manipulate and rope in innocent persons, no description has been given in the F.I.R. Of the culprits. The statement under section 161, Cr.P.C. Has been recorded after delay of 25 days, the identification parade was held on 11-3-2008 much after the arrest of the accused, 164, Cr.P.C. Statements are of interested witnesses, recovery of the pistol has been foisted upon the applicant/accused. The P.W. Ghulam Farid, Muhammad Mubarik and Abdul Ghafoor have not been named in the F.I.R. The case is of further inquiry, hence bail be allowed. Learned counsel has relied upon Kamran Ahmed v. The State 2006 M LD 1827.
3. ' Learned State Counsel has opposed the bail application as accused has been picked out in the identification parade by P.W. Ghulam Mustafa and Ghulam Farid who are eye-witnesses and their 164, Cr.P.C. Statements were recorded and they have fully implicated the applicant/accused hence accused is not entitled to concession of bail at this stage.
4. After hearing the arguments of the learned counsel for the applicant and learned counsel for the State in this case though the name of the applicant/accused Soofan does not transpire in the F.I.R.
5. Yet he is shown to have been identified by the P.Ws. In the identification parade held before the IIIrd Judicial Magistrate, Karachi-Central, the applicant/ accused has also been implicated in 164, Cr.P.C. Statement recorded of the eye-witnesses, pistol was recovered from accused, hence with due respect to the case-law cited above in my opinion at this stage there is sufficient evidence to show the accused Soofan has committed a non-bailable offence and until and unless material witnesses are examined I find no case of bail to have been made out. Accordingly this bail application is rejected.