1. ' AMANULLAH ABBASI, J.---The F.I.R. In this case was registered on 6-12-1986. It is alleged that on 17- 10-1986 to commemorate the death of Abdul Malik Khushk, Jeay Sindh Students Federation and Jeay Sindh Tahreek Parties gathered and used loudspeakers. The ceremony was presided over by Bashir Qureshi, Central President Jeay Sindh Students Federation. The chief guests were Qurban Sarwarn, Attaullah Umer and Abdul Hafeez Qureshi. Wafa Raza Chandio made announcement on loudspeaker. Nathoomal Hindu sing national songs on Sindh. At that time all the people of meeting stood up and Syed Akbar Shah, President, J.S.S.F., Thatta District, Asghar Sunanani, Abdul Sattar Nizamani, Hafiz Iqbal, Houshoo Sheedi, Aziz Soomro, Aman Bagi, Sarwar Khushk, Noor Nabi Tunio, Juman Sindhi, Suleman Jatoi, Idrees Rind, Muhammad Rahu, Attaullah Unner, Qamar Bhatti, Shabeer Jamali, Hafeez Qureshi, Qurban Awan, Bashir Qureshi made speeches. Some students narrated songs and poetry. They said in their speeches that they were Sindhis and aliens had taken over soil of Sindh. Panjabies usurped the industries, lands and services. They will liberate Sindh. It was also stated that the seminar was in connection with Jeay Sindh martyrs of Thori Phattak. The Government has spoiled educational atmosphere and hostels have been turned into jail. It was also stated in the F.I.R. That it was stated in speeches that they will not allow establishing of army cantonment in Sindh and erection of Kalabagh Dam or they will demolish the Kalabagh Dam with bomb. The politicians who are talking of defence of Pakistan are traitors of Sindh. Sindhi brothers were asked to join one platform under the guidance of G.M. Syed. Such a declaration was obtained from all the peoples present in the meeting. Criticism was also made on Benazir Bhutto, Ghulam Mustafa Jatoi, Rasool Buz Palejo and Jam Saqithat they were trying to get power but they have no love with Sindh. The following demands were made:---
(1) Students arrested in Thori Phattak should be released.
(2) Tribunal established be abolished.
(3) Kalabagh Dam should not be constructed.
(4) Pano Aaqil Army Cantonment be closed down.
(6) G.M. Syed should be released. (6-A) Punjabis should be evicted from Sindh.
(7) Sindh be liberated.
(8) Other students of Jeay Sindh be released.
(9) Police should be removed from premises of educational institutions.
(10) Educational institutions be opened.
2. ' This function continued up to 14-15 hours. Thereafter musical programme started from 02-15 hours in which folk artists Alan Fakir, Manzoor Ali Sakheerani, Hoshoo Sheedi, Zareena Baloch and others presented their art. About two to two and half thousands people participated in this function.
3. Following slogans were raised after intervals "We will build Pakistan", "We will build Sindh", "Long live Sindh", "Do not want Pakistan", "Punjabis leave Sindh", "Curse on Punjabis", "Curse on traitors of Sindh", "Curse on General Zia", "Curse on Punjabi Army Dogs", "Sindhu Desh is destiny", G.M. Syed is leader", no untoward incident took place.In the function.
4. ' Learned Advocate for applicant has requested for bail on the ground that the F.I.R. Is delayed for more than one month and the challan was submitted after seven years on 22-3-1994. The witnesses were not named in the F.I.R. And all the witnesses are police officials of said P.S. He submits that no untoward incident took place and the offences alleged are not cognizable. He submits that no specific mention has been made about the speeches of applicants. He placed reliance on decision reported in 1989 PCr.LJ p.112. He further submits that text of the speech is not available and what was said by one person cannot be attributed to others.
5. ' Learned State Counsel opposes the grant of bail to the applicants on the grounds that the allegations against the applicants are of serious nature and speeches of the guests can be secured and produced before this Court. The sections applied are fully attracted to the facts of this case.
6. ' We have referred to the case-law cited by the learned Advocate for the applicant and paragraph 7 of the case is as follows:--- "(7) From the above cited and referred cases, it is evident that by now it is a well-settled principle of criminal jurisprudence that a joint extra-judicial confession or joint recovery cannot be admissible on a piece of evidence against an accused person. It is also evident from the above two referred cases of the Lahore and Bombay High Courts that in order to examine, whether a speech falls within the which of section 124-A or 153-A of the Code, the Court has to construe the speech as whole and not to give emphasis on a particular portion of the speech."
7. The F.I.R. Was lodged about 10 years back. The challan was submitted after seven years after the registration of F.I.R. Not a single witness has been examined as even charge has not been framed.
8. Because it is a very old matter and whether the gist of speeches can make out a case requires further enquiry. Speech made by one person cannot be attributed to others. The liability has to be specified. As F.I.R. Is delayed and sufficient time has already passed, coupled with the fact that there are circumstances which requires further enquiry, we grant bail to the applicants subject to furnishing of surety in the sum of Rs,1,00,000 (rupees one lac) by each applicant and P.R. Bond in the like amount to the satisfaction of trial Court. The observations made in this bail order are of tentative nature.