1. BHAJANDAS TEJWANI, J.---This bail application has been filed on behalf of applicant Wasif Ellahi, who is facing trial under sections 302, 392 and 34, P.P.C., arising out from F.I.R. No, 400 of 2010 of Police Station Boat Basin, Clifton, Karachi.
2. The brief facts of the case of the prosecution are that on 2-7-2010 Mst. Roshan Hormzji lodged F.I.R. with Police Station Boat Basin Karachi, stating therein that her servant Rajeshdarlal son of Birijlal along with his wife Mst. Hina are residing in servant quarter of her bungalow. On 2-7-2010 at about 0200 hours in the night she was present in the house when her servant knocked the door of her room and the complainant saw Mst. Hina accompanied with two persons, one of them having pistol while other had knife, both wearing Jeans Pantaloon and shirt, their hands were covered with plastic gloves. One pointed pistol on the head of complainant and she was tied with the chair The complainant assured that she will disclose everything in respect of her immovable in case she is untied. The persons robbed gold chain along with brooj, Motorola phone and some silver pots kept in almirah. The servant of complainant Mst. Hina told that their third accomplice was available in servant quarter watching over her daughter. Mst. Hina further stated that they all three dacoits having made injured her husband by causing knife injuries and have murdered him in taking him in bath room. The police after usual investigation submitted the challan by involving the present applicant, Manoj Kumar and Mst. Hina, the wife of the deceased.
3. Mr. Rahseed A. Rizvi, learned counsel for the applicant in support of his application has contended that the name of applicant does not transpire in the F.I.R. nor any direct role has been assigned to him and the applicant was involved by the police after 25 days on the basis of some spy information and thereafter he was put to identification parade, but the person identifying the applicant namely Birijlal, who is father of deceased, has sworn his affidavit in which he has clearly stated that the applicant was shown to him one day before the identification parade at police station and that he has further stated in his affidavit that the present applicant is not involved in the alleged crime. The learned counsel has further submitted that the brother of deceased Surinderlal, who has been made mashir of the recovery, has denied such recovery and he hag also filed his affidavit in which he has denied to be the mashir of recovery as alleged by the police.
4. Mr. Liaquat Hussain Khan, learned counsel for the father of deceased has no objection for grant of bail to the applicant.
5. Mr. Zafar AhMed Khan, Additional Prosecutor-General, Sindh has also conceded for grant of bail to the applicant on the ground that after filing of two affidavits by the father and brother of the deceased, the case of applicant will require further inquiry in the matter.
6. Admittedly, there is no direct evidence to connect the applicant with the alleged crime. He was involved by the police after 25 days on the basis of some spy information. The father of the deceased, who is alleged to have identified the applicant has denied such identification by disclosing that the applicant was shown to him one day prior to identification parade at the police station and he has further clarified that the present applicant is not involved in the commission of the offence. The brother of deceased, who was made mashir of recovery of certain robbed property, has also denied that'anything was recovered from the present applicant in his presence.
7. In view of such position, the case of the applicant will definitely require further probe in the matter.
8. Accordingly, this bail plea is accepted. The applicant shall be released on bail on his furnishing surety in the sum of Rs,2,00,000 (Rupees Two Lacs only) and P.R. bond in the like amount to the satisfaction of the Nazir of this Court.