1. This is an application for bail on behalf of Shafiq Ahmed who is being tried for the offence under sections 302, 460, 459/34, P.P.C.
2. Prosecution case in brief is that on 11-7-1984 at about 1.30 a.m. Complainant Nazir Ahmed saw three persons inside his house. He raised cries. Thereafter one of the accused gave him knife blow and started running downwards and other two persons also ran away. The younger brother of Nazir Ahmed, namely, Majeed Ahmed who was sleeping in his room on the first floor came down on hearing the cries when at the staircase the person who had stabbed Nazir Ahmed gave injuries to Majeed Ahmed on his stomach. Majeed Ahmed subsequently died.
3. It is contended by Mr. Sardar M. Ishaque, learned counsel for the appellant, that name of the applicant does not appear in the F.I.R. And in the identification parade applicant has not been picked out by eye-witness, complainant Nazir Ahmed. He has argued that co-accused Syed Qamar Raza and Abdul Jabbar have been admitted to bail by this Court and case of applicant is identical to those who are on bail. He has cited 1980 SCMR 142.
4. Mr. A.G. Mangi, learned A.A.-G., has no objection to the grant of bail.
5. The name of applicant does not appear in the F.I.R. And it is contended that injuries to deceased and Nazir Ahmed have been attributed to co-accused lqbal. The police during the investigation recovered revolver from the possession of the accused but there is no allegation that two other culprits were armed with revolver at the time of incident nor there is an allegation of firing in the F.I.R.
6. Mr. Mangi states that Chhuri used by lqbal has been recovered from the applicant.
7. The upshot of the above discussion is that there is no allegation that the applicant caused Chhuri injuries. The co-accused has been granted bail by this Court (Cr. Bail Application No. 1018 of 1984) by an order, dated 6-2-1985.
8. 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 Nazir of this Court.