' M. IQBAL MAHAR, J.---Granted.
2. Granted subject to all just exceptions.
3. This bail application is directed against the order dated 3-6-2009 passed by learned IIIRD Additional Session Judge, Karachi West in case/Crime No,56 of 2007 of Police Station Manghopir, registered under section 302/34, P. P.C.
' Precisely, the facts of the prosecution case are that the complainant Allah Ditto is residing in a Flat No,272, Chakra Goth, Naseer Colony. Karachi along with his family members. On 29-3-2009, he arranged the Qura'an Khuani in his house and invited all his relatives including father-in law and his family members. After Qura'an Khuani, one Mushtaq Ahmed came at his house and informed him that the Manghopir police have called them on telephone as dead body of Manzoor Hussain, the brother-in-law of the complainant has been found in the area of said police station. On this information, the complainant reached at police station and then he went to Abbasi Shaheed Hospital where he saw the dead body of his brother-in-law Manzoor Hussain lying in mortuary. Lie found the dead body sustaining incised injuries on head, chest and neck. He was informed by Imam Bukhsh alias Jan Muhammad and other neighbour that his brother-in-law had setout from the house and at about .10-30 or 11-00 a.m., two unknown persons took the deceased on motorcycle and killed him in Kachra Kundi of Chakra Goth Manghopir. Thereafter, the complainant went to Police Station and lodged the present F.I.R. Against the unknown accused persons. ' it has been contended by the learned counsel for the applicant/accused that neither the name of the applicant/accused transpires it the F.I.R., nor any specific role has been assigned to him in statements of P. Ws. Recorded under section 164, Cr.P.C. After 18 days of the incident. He further contended that no crime weapon has been recovered Irom the possession of the applicant/accused. The applicant was arrested on 7-4-2007 and since then, he is in jail and only one, complainant has been examined by the prosecution who has not implicated the applicant/accused, therefore, he prayed for grant of bail. In support of his arguments, he relied upon case-law reported on 2006 M LD 81 and 2004 SCM R 864.
' Conversely, the learned Assistant Prosecutor General, Sindh opposed the grant of bail on the ground that P. Ws. Have given name of applicant/accused in their statements recorded under section 161, Cr. P. C ' I have given anxious consideration to the arguments advanced by the learned counsel for the parties and have gone through the material placed on record and case-law cited by learned counsel for the. Applicant/accused.
' From the perusal of F.I.R., it appears that the incident is unwitnessed one as none has seen any body committing murder of deceased. So far statement under section 164, Cr.P.C. Of P.W. Arshad Mehmood, the cousin of deceased and Muhammad Zahoor, the brother of deceased/are concerned, they have stated that they saw deceased going on motorcycle along with the applicant/accused and co-accused lmran. The Police during investigation could not recover the crime weapon from the applicant or collect any circumstantial evidence against him. He is in jail since 7-4-2007 and only one complainant has been examined, who also has not implicated the applicant/accused.
' In view of the foregoing reasons, I am of the opinion that the learned counsel for the applicant/accused has made out a case of further inquiry, therefore, I admit the applicant/accused to bail subject to his furnishing solvent surety in the sum of Rs,2,00.000 (rupees Two Lacs only) with P.R. Bond in the like amount to the satisfaction of the trial Court.