1. This application for bail for applicant Muhammad Ahmed has been moved in the case registered against him vide F.I.R. No.50/95 of P.S. PIB Colony on 8-2-1995. The facts in nutshell are that A.S.-I.
2. Ahtashamul Haq, H.C. Muhammad Naseer and other police personnel during investigation in some other case saw a vehicle, (Taxi No.PL-4967) going ahead with 14-15 persons riding in it carrying Kalashnikov and T.T. Pistols and their ages were between 25 to 30 years. They are said to have fired at the police party and the police party also in return fired at them. Firing continued for a sufficient time and, thereafter the assailants succeeded in escaping. A.S.-I. Ahtashamul Haq therefore, lodged the report against unknown culprits. Subsequently on 27-5-1995 present applicant alongwith Babar Jamil was arrested by the same police while applicant was found in possession of a rifle. The case under section 13-D, Amts Ordinance against him was registered but the applicant has already been acquitted in that case on .4-7-1995 by the A.C.M. First, East Karachi, on the ground that the weapon was licensed. On 27-5-1995 further statement of Ahtashamul Haq and some other police personnel, members of the party who were fired at on 18-5-1995 was recorded and in their further statements they have stated that the present applicant was the same person who had fired at them and that he is one of the culprits in the case registered vide F.I.R. No.50 of 1985. On account of such evidence the present applicant has been challaned in the present case.
3. His request for bail has been turned down by the Special Judge S.T.A-III, Karachi. The contention of the learned counsel for the applicant is that it is a case of further inquiry as no test of identification was held through the witnesses who are said to have identified the applicant on 27-5--1995. The learned counsel for the State, has however opposed grant of bail. We have considered the arguments of the learned counsel at bar and have also gone through the record. We feel that this is a case of further inquiry as the applicant has been involved by the police personnel who were not put to identification test. Therefore, we allow this bail application and order that the applicant be released on furnishing one surety in the sum of Rs.1,00,000 (one lac) and P.R. Bond in the like amount to the satisfaction of the Trial Court. The observations made in this order are tentative, for the purpose of this bail application only and they tray not influence the mind of trial Court while deciding the case.