1. KAMAL MANSUR ALAM, J.--- Granted for the present subject to all just exceptions.
2. Head Constable Dildar Hussain of Peerabad Police Station, Karachi-West lodged Crime No,142 of 1995 in his police station on 30-10-1995 alleging that at about 3-30 p.m. In the afternoon while he along with some other police personnel was on duty they heard fire-arm report whereupon they proceeded to the place and saw the applicant as well as some other co-accused named in the F.I.R. And 2/3 unnamed persons were firing as a result of which Constable Muhammad Asif was hit by bullet on his chest and one Muhammad Saleem was hit in his right arm. The injured constable died while injured Muhammad Saleem was taken to hospital.
The police papers show that the applicant was arrested on 1-8-1996 on the potation of co-accused Ilyas Hassan, who had been arrested in some other crime but in his confessional statement under section 164, Cr.P.C. Implicated the applicant in this crime. Statement of injured Muhammad Saleem was recorded under section 161, Cr.P.C., but it appears to be at variance with the details of the incident given in the F.I.R., inasmuch as, in the F.I.R. The complainant stated that the firing was resorted to by the culprits in his presence and in presence of other police personnel while in his statement the injured stated that the police arrived at the scene after he and the constable had been injured. The injured, in his statement, did not name anyone but stated that he could identify the culprits, yet no identification test was held in the case and the injured was not called upon to identify the applicant or other accused of the crime. Consequently, we are left only with the statement of the police personnel and somewhat inconsistent statement of the injured. In the absence of the identification of the applicant by the injured, who was an eye-witness to the occurrence the question of applicant's involvement in the crime requires further inquiry. We, accordingly grant bail to the applicant on his furnishing surety in the sum of Rs,1,00,000 (rupees on lac) and P.R. Bond in the like sum to the satisfaction of the trial Court.