1. As per F.I.R. a car belonging to Choudhary Saeed, Councillor came at the place of Wardat and out of it four persons came down and they picked up a quarrel with deceased Pervez. Kaka one of the four persons who got down from the car, had a knife in his hand and he was known to complainant Raja Majid Nawaz. This Kaka is alleged to have given Chhuri blows to Pervez as a result of which he died. A case under section 302/307/34, P.P.C. Has been registered against tile applicant and the other three persons, out of whom two are on bail and the third is absconding. Bail is sought by Imtiaz Hussain Shah on the ground that he has been falsely implicated in the case, that his name and description does not appear in tile F.I.R., that no identification parade had been arranged by the prosecution, that the co-accused have been granted bail and that applicant Imtiaz Hussain Shah was never known by the name of Kaka which has been used in the F.I.R. And that it is not clear from the F.I.R. As to which part of the body of the deceased received tile knife injury, that the applicant is not previous convict and that at any rate the offence would fall under section 304, Part 11, P.P.C. Which is not punishable with death or imprisonment for life.
2. As to whether the applicant was also known by the name of Kaka shall be conclusively determined at the trial but for the time being it is sufficient to note that the material produced on record shows that he was also known by this name. Some documents have been produced by the prosecution which show that the applicant Syed Initial Hussain Shah was known by the name of Kaka. The first document is a copy of the Vakalatnama signed by the applicant himself which he had filed in the Court of 1011th Assistant Sessions Judge, Karachi, in which applicant has himself given his name as 'Syed Imtiaz Hussain Shah alias Kaka'. The second document is an application for adjournment dated 9-6-1987 in which also the applicant has signed his name as 'Syed Imtiaz Hussain Shah alias Kaka'. The third document is a copy of an application for condonation of absence on 21-1-1987 moved by the applicant. This application also gives the name of the applicant as `Syed Imtiaz Hussain Shah alias Kaka. In view of all this it is sufficient to determine for the purposes of this application that the applicant was also known by the alias of Kaka and since the name of 'Kaki' is given in the F.I.R. It cannot be stated that the applicant has not been named in the F.I.R. Tile case of the applicant is also distinguishable from the case of the other two co-accused who have been granted bail inasmuch a, the F.I.R. Shows that the applicant was also armed with knife. It was he who, had given knife blows to the deceased as the result of which he died. The case would therefore, rather fall under section 302, P.P.C. Than under section 3(14, Part 11, P.P.C. As argued by the learned counsel for the applicant. I have also seen the post-mortem report which indicates that the deceased had received an incised wound on the uppermost part of the thigh and there was a corresponding cut in the clothes of the deceased. In this regard the learned Addl. A.-G. Has relied upon a case reported as 19721 SC. M R 313 in which also the deceased had received an identical injury and in view of its nature and the place on which it was inflicted it was decided that the applicant was not entitled to bail. Considering all the facts of tile case I am of the view that since the applicant has been named in the F.I.R. And the injuries were alleged inflicted by the applicant on the vital part of tile body of the deceased and since a very specific role has been assigned to him in the commission of the offence, the applicant is not entitled to bail. The bail application is, therefore, rejected.
3. N.H.Q./1-78/K Bail refusal