1. Granted subject to all just exceptions.
2. The applicants Manzoor and Wali Muhammad are facing trial before the Sessions Judge, Dadu in Crime No,55 of 2001 alongwith co-accused. The application moved on behalf of the applicants for concession of bail pending trial was dismissed hence the present application.
I have heard the learned counsel for the applicants and State Counsel. The State Counsel has opposed the application on the ground that the applicants were members of the unlawful assembly though they were not attributed any overt act except their presence at the Vardat armed with Lathi only to facilitate co-accused Jummo who himself was armed with fire-arm and caused fire-arm injuries to Chanesar. Since no overt act has been assigned to the applicants except their presence at the Vardat armed with Lathi which has not been used. I am of the view that they are entitled for the concession of bail. Consequently the applicants Manzoor and Wali Muhammad are granted bail provided they furnish surety in the sum of Rs,1,00,000 (Rupees one lac) each and P.R.
Bond in the like amount to the satisfaction of the trial Court.