1. ' Through this bail application the applicants have requested for grant of bail who are involved in Crime No,260 of 2000 registered at Police Station K.N. Shah District, Dadu under section 302, Qisas and Diyat Ordinance read with section 17(4), Hudood Ordinance.
2. ' The facts of the case in nut shell are that the complainant who is the driver of Syed Ahmed Zaman Shah, on the date of the incident was going to Mehar alongwith Game Watcher Azeem Khan. The said Azeem Khan had a rifle received under village defence scheme, while they were travelling towards Mehar at about 2-30 a.m. When they reached near Khanpur they were waylaid by five unknown persons, out of which, three were armed with guns and one was having pistol and one was with hatchet. They cautioned them to stop and on their refusal a shot was fired thereby - Azeem Khan was injured who subsequently succumbed to the injuries. The village defence rifle was also allegedly taken away by the unidentified dacoits. Having failed to get bail from the learned Sessions Judge Dadu, the applicants have approached this Court for grant of bail.
3. ' I have heard Mr. Muhammad Sharif Qazi learned counsel for the applicants and Mr. Muhammad Ismail Bhutto learned State counsel. It has been contended by learned counsel for applicant that neither the names of the accused are mentioned in the F.I.R. Nor their features have been given.
4. The identification test is improper as 10/12 dummies were mixed which was in violation of the settled principles. He further submits that the present applicants were arrested after one month of the date- of the offence and, therefore, on these grounds, he urges for grant of bail to the applicants.
5. ' Mr. Muhammad Ismail Bhutto learned State counsel in 'these circumstances has given no objection to grant of bail.
6. ' I have gone through the F.I.R. And also considered the arguments advanced at the bar by learned counsel for the applicants. Admittedly the incident has taken place on 20-10-2000 and the identification test was held on 20-11-2000 while one of the applicants was arrested on 18-11-2000 and the other one was arrested on 10-11-2000. Minimum requirement for mixing the applicant/accused with dummies is 10 for each accused. In this case in all 10/12 dummies are said to have been mixed up. The identification test is purported to have taken place before the learned Civil Judge and F.C.M. Mehar. However, I am at loss t2 understand as to how the memo of identification was prepared by the learned Civil Judge and F.C.M. Mehar who was even not sure as to how many dummies have been mixed up. The dereliction/lapse on the part of the learned Civil Judge and F.C.M. Mehar is absolutely unwarranted as he was judicial officer and was required to act'strictly in accordance with law. It appears that he did not apply his mind and signed identification memo. Prepared by some one else in mechanical manner. It is also an admitted fact that the features of the accused persons were not given in the F.I.R. From close scrutiny of the identification memo. It appears that the memo. Has been witnessed by the complainant who has identified the accused persons. This is another illegality having been committed to render the identification test dubious. Mere recovery of guns after the expiry of one month of the registration of F.I.R. Was not sufficient to believe that there were reasonable grounds to believe that the applicants were guilty of the alleged offence.
7. ' Be that as it may, the case requires further enquiry as contemplated under subsection (2) of 497, Cr.P.C. For the above reasons coupled with the fact that the learned State counsel has given no objection, I am inclined to grant bail to the applicants. The applicants are, therefore, allowed bail subject to furnishing surety in the sum' of Rs,100,000 each and P.R. Bond in the like amount to the satisfaction of the trial Court.