1. This bail application has been filed on behalf of Fazal Ilahi.
2. The prosecution case in brief is that deceased Amanullah used to do business of Birds ors shop No.33, Empress Market, Karachi. On 4-4-1983 he left his house with his servant Abdul and did not return. On 12-4-1983 Shaukat Ali lodged report under section 365, P.P.C. At police Station Frere.
3. Karachi. On the same day the dead body of Amanullah was found and case was converted to section 302 P.P.C. Police during the investigation arrested Muhammad Nasir, applicant Fazal Ilahi and two others.
4. Mr. Umer Farooq Khan submitted that murder was not witnessed by any person, therefore, there is no evidence on this against the applicant. He has urged that allegation against the applicant is that he produced a golden ring and wrist watch of the deceased and that A co-accused Nasir gave extra-judicial confession before Shaukat Ali and another person. He has also submitted that Nasir has been granted hail by this Court.
5. Mr. Sardar Muhammad Ishaq, Advocate for complainant, contended that co-accused Nasir has implicated the applicant and property of the deceased was recovered from his possession. He has cited 1978 P Cr. L J 412 and 1981 SCMR 1092.
6. Mr. Sattar A.Shaikh Additional Advocate-General, has no objection to the grant of bail. It is contended that co-accused has already been granted bail by this Court.
7. This incident took place on 4-4-1983 and applicant has been arrested after about 2 years i.e. 14-2- 1985. The allegation is that co-accused Nasir made extra-judicial confession before two persons which is open to criticism. So far recovery is concerned there is no mention in the F.I.R. About the particulars of the ring and wrist watch. Not only this but in F.I.R. One Posti and other servants of Gul Muhammad were suspected to be the culprits due to business rivalry. Co-accused has been granted bail (Cr.B. No. 690/85) by an order dated 1-7-1985.