1. ' The applicant after being unsuccessful in getting bail before arrest in the Court of Sessions Judge, Nawabshah has repeated this application for pre-arrest bail in a case under First Information Report No, 35 of 1989 lodged at Police Station, Mohabat Dcro of District Nawabshah. The learned Advocate for the applicant urged the following grounds:-
(i) That the incident is alleged to have taken place at the dead hour of the night when identification of the culprits was not possible.
(ii) That a large number of assailants are said to have attacked the village and set house on fire and on that account too their identification was not possible.
(iii) That the applicant is involved due to mala fide action of the police and according to the First Information Report he is identified by his voice.
2. ' Learned Assistant Advocate-General opposes the grant of pre-arrest bail to the applicant as specific allegations of mala tides on the part of the police have not been alleged.
3. ' According to the facts stated in the First Information Report the incident took place at about 1-00 a.m. When 15/16 persons armed with guns and Kalashnikovs came and attacked the village. The villagers were made to sit down and the assailants started shooting at them. Two of the villagers brought their arms and also fired. Two of the accused persons are said to have set the house on fire. The culprits are said to have been identified on the blaze of the fire.
4. ' The first ground that the assailants could not have been identified due to the darkness of night has no force as flames of burning house must have provided sufficient light to identify them.
5. It is true that identification on articulation of modulation of voice is always considered not to be sufficient evidence to establish identity of accused persons in a case. But in the present case in addition to such identification the culprits are alleged to have been identified by the light of flames of a burning house as well.
6. ' The incidents of such crimes are indeed becoming common in the Province of Sindh. It is high time that our Courts take note of such cases and take strict view while exercising discretion of bail. I would, therefore, reject this bail application. .