1. ' This is a bail application moved on behalf of applicant Abdul Latif who is facing trial alongwith other accused in a case under section 302/34, P.P.C.
2. ' Prosecution case is that, on 30-3-1984, A.S.I. Safdar Ali reached Civil Hospital in connection with investigation of some case and found dead body of Ghulam Ahmed lying there and P.W.
3. Muhammad Hussain and Muhammad Aslam were present. They informed him that one Abdul Sattar son of Haji Natha resident of Sher Shah has killed Ghulam Hussain by firing from his pistol.
4. ' Sardar Muhammad Ishaque, Advocate for applicant has argued that the name of the applicant does not appear in the F.I.R. The allegation against him is that he instigated the co-accused to commit murder.
5. ' Mr. A.A. Muhammadally, Asstt. Advocate-General appearing for the State has no objection to the grant of bail.
6. During investigation four eye-witnesses namely, Abdul Latif, Abdul Majid, Abdul Hameed, and Atta Muhammad have been examined. All these four witnesses in their 164 Cr.P.C. Statements have stated that they found applicant Abdul Latif and Alam standing with daggers' whereas Abdul Latif was instigating co-accused Abdul Satt,ar to kill Ghulam Ahmed. There is no allegation against the applicant about causing any injuries to the deceased. The name of the applicant also' does not appear in the F.I.R. According to post-mortem report no dagger injuries were found on the perscin of the deceased. I, therefore, allow him bail and order that he should be released on furnishing one surety in the sum of Rs,50,000 with P.R. Bond in the like' amount to the satisfaction of the learned trial Court.