1. The applicant has been sent up to stand trial under section 364/302, P. P. C. The allegations against him are that he along with one Kamman Mirbahar went to the house of the deceased on 2nd July 1979, and called him that he was sent for by his zamindar Saleh Shah at Latifabad. The deceased who accompanied the applicant and Kaman never returned thereafter. The complainant who is brother of the deceased after making inquires about the deceased lodged his F. I. R. On 11July, 1979, at Police Station, Jamshoro of District Dadu. The Police after usual investigation sent up the applicant, Kaman and two others whose names were disclosed as a result of investigation of this case to stand trial for the above offences.
2. The learned counsel for the applicant contends that only piece of evidence against the applicant was that the deceased was last seen with him and Kaman. The allegation that the applicant and Kaman pointed out the place from where the dead body of the deceased was found requires examination. Moreover Allahdino and Gul Muhammad who were arrested during the investigation of the case have been released on bail by the trial Court though both of them produced the clothes of the deceased, blood-stained hatchets and also pointed out the place from where the dead body was found out. He therefore contends that the applicant's case under the circumstances requires further inquiry as con--templated by section 497 (2), Cr. P. C. He relies upon 1977 P Cr. L J 530, where a bail has been granted by this Court under more or less similar circumstances.
3. The learned Additional Advocate-General concedes to grant of bail in view of the fact that the applicant as well as Kaman have pointed out the place from where the dead body was found out at one and same time. Moreover other two accused whose names were disclosed during theth investigation of the case have already been granted bail by the trial Court though their case more or less was similar to that of the applicant.
4. I have heard the learned counsel for the applicant and State. There is no denial of the fact that the present applicant as well as Kaman have pointed out the place from where the dead body was found at one and the same time. Moreover the F. I. R. Has been lodged after about ten days in which only allegation against the applicant was that be was last seen with the deceased. The co- accused who have more or less similar case to that of the applicant have been released on bail.
5. The applicant's case also requires further inquiry as contemplated by section 497 (2), Cr. P. C.
6. Therefore without going into the merits of the case, I grant bail to the applicant, who shall be released on furnishing his solvent surety in the sum of Rs. 20,000 and P. R. Bond in the like amount to the satisfaction of the trial Court.