1. ' This application for bail has been moved on behalf of applicants Mir Muhammad and Shahzado who are involved in a case registered under sections 302, 452, 34, P.P.C. And 13-D, Arms Ordinance as Crime No,46/91 of Police Station Tajodero.
2. ' Briefly stated the case of the prosecution is that. Deceased Habibullah was serving as Beldar at Taj Shaikh. Accused persons, namely, Aligul and Shanoo used to insist upon him to leave the service as they wanted to get their own person appointed against that post. They had even threatened him to murder in case he did not leave the post. It is alleged that on the day of incident Aligul, Shanoo, Bajhi, Mir Muhammad armed with guns and Shahzado armed with hatchet came to the house of the complainant party. Aligul fired at Habibullah and killed him. At time of the incident complainant Mir and P.Ws. Khadim and Mst. Soomri were chit chatting .And they saw the incident.
3. ' I have heard learned counsel for the applicants and learned AA.-G.
4. It has been submitted that applicants are not said to have caused any injury to the deceased or any inmate of the house. The incident occurred during night and it is said that the culprits had been identified on the light of the lantern but that lantern has not been secured by the police. It is also a fact that two persons have been shown in Column 2 by the police which means that police did not believe the version of the complainant party during the course of the investigation against those two persons. In support of his contention learned counsel for the applicants has relied on 1991 P Cr. L J Note 150 at p.109.
5. ' For the foregoing reasons I grant bail to the applicants on furnishing surety in the sum of Rs,50,000 by each of them with P.R. Bond in the like amount to the satisfaction of the trial Court.