1. The facts leading to the present application for bail are that the applicant/accused Miro alias Mir Muhammad is facing trial in Sessions Case No.53 of 1999 before the learned III-Additional Sessions Judge, Mirpur Mathelo under sections 302, 449 read with section 34, P.P.C. The case arose out of F.I.R. No.86 of 1999 of Police Station Ubauro.
2. The brief facts of the prosecution case as disclosed in the F.I.R. Lodged by complainant Abdul Jabbar on 25-7-1999 are reproduced herein below in extenso:-- "Complaint is that some times back Shabir Ahmed Dahar and my father Ghulam Hussain son of Umar Din by case Arain aged about 50/51 years had developed dispute over agriculture crop.
3. Talkas were held but they refused to compromise. Yesterday, there was exchange of harsh words between us but the neighbourer intervened and avoided the quarrel. Shabir Ahmed Dahar and Mir Muhammad Dahar disclosed that they will see us. During the previous night after taking meals we went to sleep. At about 12.15 a.m. On the barking of dog I and my father Ghulam Hussain woke up and saw on the light of bulbs, Miroo alias Mir Muhammad son of Bago Dahar armed with gun, Shabbir Ahmed son of Miroo alias Mir Muhammad armed with K.K. Entered in our house and challenged us, the accused Miroo alias Mir fired from his gun at my father which hit him, he fell down on the ground and made cries which attracted neighbourer Fakir Hussain son of Muhammad Hanif, Muhammad Anwar son of Mushtaque Ahmed Arian who came running the who also identified the accused. In our presence accused Shabbir Ahmed made fires from his K.K. At my father Ghulam Hussain with intention to commit his murder which hit him, who cried and fell down.
4. Thereafter, accused went away towards southern side alongwith their weapons. I and above named witnesses examined my father who had sustain fire-arm injuries on his chest, leg and arm, he was bleeding and was lying dead. I left the witnesses on the wardat and went to inform the nekmard Fida Hussain at his village. After narrating the incident to him, I have now come to make report that the above named accused due to aforesaid annoyance in order to commit the murder entered in our house and killed my father Ghulam Hassan by firing at him with K.K. And gun by the accused Miroo alias Mir Muhammad and Shabbir Ahmed, I am complainant action be taken. "
5. After usual investigation, the applicant/accused was sent up to stand trial: The applicant/accused applied for bail before the trial Court but his bail plea was declined by impugned order, dated 29-12-1999.
6. I have heard Mr. Habibullah Sahikh, learned counsel for the applicant/accused and Mian Abdul Salam Arain learned counsel for the complainant as well as Mr. Sher Muhammad Shar, learned Assistant Advocate-General on behalf of State. The latter both the learned counsel have opposed the bail plea of the applicant/accused. I have also perused the material placed on record.
7. The perusal of the record shows that the applicant/accused has been ascribed specific role of causing fire-arm injuries to the deceased and factum of fire-arm injuries is borne out from the post-mortem notes. It shows that there were seven fire-arm injuries on the person of the deceased.
8. The name of the applicant/accused transpies in the F.I.R. And the source of light has been disclosed therein. The eye-witness of the occurrence has implicated the applicant/accused in his statement. The motive for committing the murder of the deceased has been disclosed in the F.I.R.
9. The delay in lodging of the F.I.R. Has been properly explained. So far the sickness of theapplicant/accused is concerned, he was referred to Civil Surgeon, Civil Hospital, Sukkur for his examination and report. The medical certificate issued by Dr. Riaz Ahmed Dahar, Chest Specialist, Civil Hospital, Sukkur reveals that he is suffering from pulmonary Tuberculosis and is on Anti-- Tuberculosis statement since last six months and at this stage he need not be kept even isolated. It is further opined that his continuous detention in jail would not further aggravate his ailment. Now- a-days due to advancement of medical science and introduction of latest medicines for pulmonary Tuberculosis, this disease is no more incurable and if proper medicine is taken by the patient, he can be cured with a short period.
10. The citations in case of Malik Muhammad Yousafullah Khan v. The State and another (PLD 1995 SC 58), Sultan Ahmad and others v. The State (1981 SCM R 771) and the case of Ghulam Muhammad v.
11. The State (PLJ 1983 SC 334) are distinguishable from the facts and circumstances of the present case, therefore, the same are of no avail to the applicant/accused.
12. It is well-settled that for the purpose of bail only tentative assessment is warranted by law and deeper appreciation cannot be made. Consequently, the bail application merits no consideration and stands dismissed.
13. The observations, if any, made hereinabove are tentative in nature and those may not be considered by the trial Court while adjudicating the case on the evidence adduced by the parties at the time of trial.