1. ' The applicant is facing trial in the Court of IInd Additional Sessions Judge, Sukkur for an offence under section 302, P.P.0 in Crime No,32 of 2000 of Police Station C-Section, Sukkur.
2. ' The F.I.R of this case was lodged by Shahid Ali at 2.00 p.m. On 13-5-2000, stating therein that Naseer Khan was his elder brother. He used to sale vegetable in Rohri town. One day prior to the lodging of F.I.R at about 6.00 p.m, he informed his family members that he was going with some of his personal work and would come back in late hours, He did not return till next morning. On the next day at about 12-30 noon, they were informed that some unknown persons had killed Naseer Khan and thrown his dead body at Freekhil colony. The dead body was removed by the police and is lying in mortuary of Civil Hospital Sukkur. On knowing this fact, complainant, his brother Zahid and Mumtaz Ali Shaikh went to mortuary house. They saw the dead body of their brother Naseer Khan and identified it. The police was available there. The dead body had fire-arm injuries on its various parts.
3. ' The police after recording F.I.R took up investigation and arrested, the present applicant Nazeer Hussain on 9-6-2000.
4. ' It is contended by the learned counsel for the applicant that no one has witnessed the incident.
5. The name of applicant does not figure in the F.I.R. The statements of P.Ws. Zahid and Mumtaz Ali were recorded on 19-5-2000 but they have also not taken the name of present applicant. It is pleaded that nothing incriminating is recovered from the possession of applicant. The arrest of accused took place on 9-6-2000 and his judicial confession was got recorded before 1st Judicial Magistrate Sukkur on 10-6-2000. The judicial confession demonstrates that the applicant had no knowledge about the murder of deceased Naseer Khan. The judicial confession itself contains that the police had arrested the accused 35 days prior to its recording and that he was maltreated by the police. The material further shows that 164, Cr.P.C. Statements of P.Ws. Shahid Ali and Zardar Ali were recorded on 3-7-2000, wherein they have stated that the deceased was taken from his shop by A:S.-I. Afzal on 12-5-2000, thereafter he did not come back to his house. They have shown suspicion in Nazeer alias Papu, Afzal Arain and Haji. Reliance is placed upon the case of Syed Muhammad Naveed Naqvi v. The State (2001 PCr.LJ 121).
6. ' Mr. Abdul Satter Soomro, learned counsel appearing for the State has conceded to the bail plea of applicant/ accused on the ground that his name does not appear in the F.I.R. The judicial confession does not implicate the applicant/acccused.
7. ' The material placed in police file indicates that the name of present applicant does not transpire in F.I.R. The incident appears to be unwitnessed. The witnesses namely Zahid Ali, Mumtaz Ali were examined by the police on 19-5-2000 wherein they have not taken the name of present applicant as suspect. The applicant was arrested on 9-6-2000 and his judicial confession was recorded on the next day by 1st Judicial Magistrate, Sukkur. The applicant has stated in the alleged judicial confession that he does not know anything about the incident and that he was arrested by the police about 35 days back. It was only on 3-7-2000, when police got 164, Cr.P.C. Statements of P.Ws.
8. Shahid Ali and Zardar Ali recorded wherein both of them have shown suspicion in the present applicant. At this stage there is no tangible material available on record which could show that there appear reasonable grounds to believe that the applicant is guilty of the offence falling under prohibitory clause of section 497, Cr.P.C. The learned counsel appearing for the State has conceded to the bail plea of applicant/accused. Hence the accused was granted bail by short order, dated 28-5-2001.
9. ' These are the detailed reasons for the same.