1. ' SHAHID ANWAR BAJWA, J.--- F.I.R. No,47 of 2009, was registered at Police Station Gharo District Thatta on 25-3-2009 'under sections 302, 34, P.P.C. By one Gul Hassan son of Nihal Khan Domki. It was stated by him that on 24-3-2009, he was at his house where his brother Muhammad Ali said to him that he was going for work at night. At 1100 hours brother of complainant informed him on telephone that he had been informed by an A.S.-I. That police has found a dead body of a male who had been killed through bullet by some unknown persons and from the dead body an NIC and a Visiting Card of Mehran Hotel had been recovered and name stated in NIC was of Muhammad Ali brother of the complainant. The complainant said that he went to Gharo Hospital and identified dead body of his brother. He further stated that he was told by his relatives Muhammad Zaheer and Ali Nawaz that both of them were standing at Bhains Colony at about 5.00 p.m. When Muhammad Ali got down from a car in which 3/4 other persons were sitting whose names were not known to them but how the two relatives could be identify (sic). Muhammad Ali said to have told Muhammad Zaheer and Ali Nawaz that he was going to Thatta with his friends. Thereafter the car went towards Thatta. During investigation statements of Muhammad Zaheer, Ali Nawaz, Muhammad Yamin, Imamuddin, Sajjad and Ahmed Ali were recorded. Muhammad Zaheer in his statement narrated same incident of his standing by the road, deceased Muhammad Ali getting down from a cat, 3/4 persons sitting in the car. Muhammad Ali informing him that he was going towards Thatta, Muhammad Ali boarding the car and car leaving. Ali Nawaz in his statement repeated the same information. However at the end of the statement he stated that he suspected that the deceased had been murdered by his friends who had taken him towards Thatta.
2. Muhammad Yamin and Imamuddin's statements are the material statements and material part of Muhammad Yamin's statement is as under:--- "I and my friend Imamuddin Ghnio, were going. To our Goth at about 4-00 p.m. We heard some people talking in Otak. Upon which we peeped from window that my uncle Jeeand Jala Gorshani and two other persons were sitting. Jala Gorshani told Jeeand that you promised to pay three lacs for killing Muhammad Ali, but you have paid one lac. You just give two lacs more. The other two persons present there were being called as Dr. Shahid and Lahooti Lashari. Jeeand promised to pay balance of two lacs. Let Niaz Talani and Jan Muhammad Talani come, I will take from them and pay to you. Now I state the fact to you.
3. ' Upon which we peeped from window that Jala Gorshani, Jeeand and, two other persons were sitting. Jala Gorshani told Jeeand that you promised to pay three lacs for killing Muhammad Ali, but you have paid one lac. You must give two lacs more. Jeeand promised to pay balance of two lacs.
4. Let Niaz Talani and Jan Muhammad Talani come, I will take from them and pay to you. The other two persons present there were being called as Dr. Shahid and Lahooti Lashari. Now I state the fact to you and this is my statement."
5. ' Imamauddin has given almost identical statement. As far as Sajjad and Ahmed Ali are concerned they stated that they were informed by Imamuddin and Yamin that Imamuddin and Yameen had stated that they had overheard. Bail application has been rejected by the Court below for the following reasons:--- "Heard both the counsel and perused the record. According to the F.I.R. Incident took place on 24- 3-2009 at unknown time and F.I.R. Was lodged on 23-3-2009. This is an unseen incident and the only evidence against the present applicant/accused is the statements of P.Ws. Yaseen Talani and Imamuddin. The applicant/accused was arrested on 23-4-2009, from District Jail Jacobabad. The statements of P.Ws. Namely Yaseen and Imamuddin were recorded on 294-2009, in which they have implicated the present applicant/accused. Accordingly their statement recorded under section 164, Cr.P.C. They saw present applicant/accused explaining to one Haji who was demanding one two lac more on account of murder of Muhammad Ali. It appears from the tentative assessm ent of the material available in the police file that applicant/accused has failed to make out a case of furthep' inquiry. Resultantly his bail plea is rejected and bail applicatioh is dismissed."
6. ' Learned counsel for the applicant submitted that there is no eyewitness and no identification parade has taken place. He further submitted that statements of said Dr. Shahid and Lahooti has not been recorded. He submitted that it is a case of further inquiry. He further submitted that his client is innocent and has been roped in for mala fide reasons.
7. ' Learned A.P.-G., opposed grant of bail. He submitted that Muhammad Yameen and Imamuddin were examined and they had clearly stated that they have heard the accused talking to Dr. Shahid and Lahooti. He further submitted that there are no allegation of mala fide or ill-will on part of police.
8. ' I have considered the submission made by the learned counsel for applicant and A.P.-G.
9. The only piece of evidence is that two witnesses have stated they overheard the present applicant and three other persons to the effect that the present applicant had promised to pay to Jalal Gorshani an amount for killing the deceased. Neither statement of Jalal Gorshani has been recorded nor statement of Doctor Shahid nor statement of Lahooti.
10. Therefore, case is clearly of further inquiry. Consequently this bail application is allowed. The accused is granted bail for a sum of Rs,500,000 (Rupees five hundred thousand only) with P.R. Bond and one surety in the like amount to the satisfaction of the trial Court.