1. ' Applicant along with co-accused Hussain is facing trial in a case under section 302/307/34, P.P.C.
2. ' Briefly stated the prosecution case is that on 20-8-1983, Puneer and his cousin Saleh Sher came to Sanghar to purchase some articles. They after finishing their work went to Frontier Hotel for taking tea where Mohammad Sher and Sardar Sher were already sitting. While they were taking tea, Mureed Gabo and Hussain Gabo called Saleh and started talking. All of a sudden Hussin Gabo gave 2/3 Lathi blows on the hands and legs of Saleh, whreas Mureed Gabo inflicted danda blow on front side of head of Saleh. Saleh died due to injuries. The accused start running towards the Northern side. They were followed by police and complainant party and apprehended accused Mureed alongwith danda. Applicant Hussain ran away. Puneer lodged report at Police Station Sanghar.
3. ' Mr. M.A.Kazi learned counsel for the applicant has contended that this is a case of sudden fight and there is only one injury of blunt and hard substance on the deceased as such there was no intention on the part of the accused to commit murder. He has also referred to the orders of this Court in Cr.Bail Applications Nos. 151/82, 139/82 and 570/84 and submitted that in identical cases this court has considered this point and granted bail.
4. ' Mr. M. I. Memon, Additional Advocate-General has rightly conceded to the 'grant of bail to the accused and submitted that even an independent witness Kaloo Khan Hotelwala has stated about the sudden fight between the parties.
5. ' I have perused the first information report in which it is stated that co-accused Hussain gave two lathi blows on the hands and legs of deceased Saleh while Mureed gave blow on the front side of the head of Saleh whereas it is clearly mentioned in the post-mortem report that there is only one injury found on the person of deceased Saleh. Initially the case under section 307, P.P.C. Was registered but subsequently injured Saleh died and case was challaned under section 302/307/34, P.P.C. The fight seems to be sudden and there is only one injury on the deceased. Without prejudice to the case of the prosecution I am of the opinion that this is a fit case for bail as such I admit the applicant to bail on furnishing surety in the sum of Rs,50,000 and PR bond in the like amount to the satisfaction of the trial Court.