1. ' The F.I.R. In this case was registered on 13-11-1995 for offences under sections 399, 402, 353, 109, 115, 411, P.P.C. Read with section 324/34, Q&D Ordinance. The complainant S.H.O. Muhammad Anis Khan, Police Station Zaman Town has stated in the F.I.R. That on 13-11-1995 he was on patrol duty with his staff when he received information that terrorists of M.Q.M. Had gathered at Mariam Abad with intention to commit dacoit. On this information police reached the area and on seeing police party the accused started firing at police party with intention to cause murder and police also fired in self-defense. During the encounter accused Rehmat Ali died and from his possession one Kalashnikov with two magazines containing 50 live bullets were recovered. Zubair Kala alias Munna alias Nazir Ahmed son of Babu was arrested on the spot with motorcycle and T.T. Pistol with magazine containing five rounds. Faisal Waheed was arrested with motorcycle and a T.T. Pistol with magazine containing five bullets were recovered from him. From accused Hamid alias Cheeba one T.T. Pistol of .30 bore with 3 rounds were recovered. The other accused managed to escape under cover of firing.
2. ' The learned Advocate for the applicant has requested for bail on the ground that the applicant was arrested on the spot and a weapon is shown to have been recovered from him but he has got the bail in that case from the trial Court as it was a licensed weapon. He submits that none from police party suffered any injury and there is no evidence to show that the weapon recovered from applicant was used in the alleged offence.
3. ' The learned State Counsel opposes the grant of bail on the ground that the fact of encounter is proved as one of the accused had lost his right and the Kalashnikov was recovered from him. The police party was in the vehicle and, therefore, they had escaped without injuries, otherwise police party also could have suffered loss.
4. Keeping in view the abovementioned facts and the fact that the applicant is said to have been granted bail in offence under section 13-D by the trial Court. It is a case where further enquiry is required, therefore, we grant him bail subject to furnishing of surety in the sum of Rs,1,00,000 with P.R. Bond in the like amount to the satisfaction of the trial Court.