' IRSHAD HASAN KHAN, J.---This Criminal Petition arises from the order of learned Judge of the High Court of Sindh, Karachi, dated 26-6-1997 passed in Criminal Bail Application No,860 of 1997, whereby learned Judge refused to grant bail to the petitioner in a case registered against Aslam and Javed vide F.I.R. No,39 of 1997 under section 302/34, P.P.C. Police Station Pak Colony, Karachi, West, for committing murder of one unknown person.
2. Learned counsel for the petitioner argued that the petitioner was not named in the F.I.R.; no recovery had been effected from him; there was no eyewitness of the incident; and that the petitioner had been falsely involved merely on the ground that the deceased was last seen being allegedly taken away by the accused. He further submits that the petitioner is in jail since 21-2-1997 and that prima facie there is no evidence on record to connect the accused with the alleged offence.
3. After hearing the learned counsel for the petitioner as well as the State, we find that, in the circumstances of the case, the matter requires further inquiry.
4. We, therefore, convert this petition into an appeal and admit the petitioner to bail in the sum of Rs,1,00,000 with one surety in the like amount to the satisfaction of Trial Court. The appeal is allowed accordingly.