1. ' The applicant is seeking bail in Crime No,64 of 2001, registered at Police Station Johi, District Dadu, under section 302, P.P.C.
2. ' Precisely, the allegations levelled in the F.I.R. Dated 2-7-2001, registered by, complainant Ghulam Rasool Jamali are that he alongwith P.W. Farooq Ali and deceased Misri were waylaid by Peeral Jamali and present applicant. Peeral Jamali made direct fire upon deceased Misri who died. The allegations against the present applicant are that he was armed with rifle and also fired upon the P.Ws.
3. ' It is mainly contended by learned counsel for the applicant that the F.I.R. Is delayed by 2 months and 9 days. Direct firing upon the deceased has been alleged against co-accused Peeral. Nobody is alleged to have sustained injuries by firing of present applicant. Thus the applicant is entitled to the concession of bail.
4. ' Mr. Muhammad Azeem Panwhac, learned counsel for the State submits that the deceased Misri was hit/by the fire-arm injury caused by co-accused Peeral Jamali. Allegedly the applicant was having rifle, but no bullet empties were recovered from the place of Wardat. He, therefore, does not oppose the grant of bail to present applicant.
5. ' Arguments advanced at the bar have been considered.
6. ' Admittedly, the F.I.R. Was lodged after the delay, of about two months. The bare perusal of the F.I.R.
7. Reveals that the allegation of direct firing upon deceased Misri is against co-accused Peeral. The allegation against the present applicant is that he was armed with rifle and fired upon the P.Ws.
8. However, admittedly, neither anybody was injured, nor empties of rifle bullets were recovered from the place of Wardat. The case of the applicant. Thus, calls for further inquiry. Accordingly, the applicant deserves to be bailed out.
9. ' For the above reasons, the applicant is directed to be released on bail on furnishing surety in the sum of Rs,2,00,000 (Rupees two lacs only) and P.R. Bond of the like amount to the satisfaction of trial Court.