1. Applicant Abdul Sattar is being tried for the offence under section 302/34, P.P.C. Alongwith co- accused. The case is pending in the Court of XIth Additional Sessions Judge, Karachi, who has rejected his bail application by an order, dated 29th November, 1984.
2. Briefly the case of prosecution is that on 30-3-1984 A.S.I. Safdar Ali of Police Station, Pak Colony, Karachi went to Civil Hospital and found dead body of Ghulam Muhammad resident of Sher Shah village lying in mortuary. On enquiry Muhammad Hussain and Muhammad Aslam told him that deceased Ghulam Muhammad was murdered by one Abdul Sattar with a revolver. A.S.I. Went and lodged report, on the same day at 7-30 p.m.
3. Mr. Sardar Muhammad Ishaque, learned counsel for the applicant has contended that this is an un witnessed incident and it is not known who took the dead body of Ghulam Muhammad to Civil Hospital-and nowhere in the F.I.R. Is mentioned that anyone was present when deceased Ghulam Muhammad sustained injuries. He has further submitted that subsequently on 10-4-1984 police examined four witnesses namely, Abdul Latif, Abdul Hameed, Abdul Majeed and Atta Muhammad, who stated in their statements that they were the eye-witnesses of the incident. The contention of the learned counsel is that these witnesses are resident of Khuzdar and their statements after delay of 10 days create doubt whether they were present at the time of the incident. He has relied on case reported in 1984 P Cr. L J 2401.
4. Mr. M.I. Memon. Additional A.-G. Stated that he has no objection to the grant of bail and has not denied the actual position as argued by the learned counsel appearing for the applicants. He has further stated that Muhammad Hussain and Aslam has not stated in their police statement that they saw applicant causing fire-arm injury to deceased Ghulam Muhammad.
5. The names of eye-witnesses Abdul Latif, Abdul Hameed, Abdul Majeed and Atta Muhammad do not appear in the F.I.R. And it is an admitted fact that their police statements were recorded on 10- 4-1984 whereas incident took place on 30th March, 1984. P.Ws. Muhammad Hussain and Muhammad Alam are closely related to the deceased but they have not lodged the report of the incident nor they have stated in their police statements that they had seen the occurrence. On the contrary A.S.I. Safdar Ali went to the hospital where he met the above two witnesses who informed him that deceased Ghulam Muhammad was murdered with revolver by Abdul Sattar. Mr. Muhammad Ibrahim Memon, Additional A.-G. Also pointed out that applicant was arrested on the very day but revolver was said to have been recovered from slim 7 days after his arrest. In view of all these circumstances I am of the opinion that this is a case which required further enquiry. The applicant is admitted to bail on furnishing one surety in the sum of Rs.50,000 and P.R. Bond in the like amount to the satisfaction of the trial court.
6. The observations made in this bail order are of the tentative nature and should not be taken into consideration while deciding the case.