1. ' This order will dispose of bail before arrest application filed by the above named applicant in Crime No,183 of 2002 of Police Station K.N. Shah.
2. ' The facts giving rise to the present application are that on 23-11-2002 at 3-30 p.m. The complainant Hafiz-ur-Rehman lodged the report at the police station alleging therein that on 19- 10-2002 at 1-00 p.m. He received information that his brother deceased Waheed-ur-Rehman was admitted in K.N. Shah Hospital as a case of poisoning and was in serious condition. Subsequently the injured was shifted to Civil Hospital, Dadu. The complainant went there and found his brother lying dead. He was buried, subsequently, the P.Ws. Deedar Ali and Gul Muhammad informed the complainant that deceased had informed them that he was given poison by some body, therefore, the complainant went to the police station and lodged the report, showing suspicion against the applicant.
3. ' On 18-12-2002 a protective bail was granted to the applicant by a Bench of Hyderabad Circuit of this. Court. Thereafter, bail application was filed before the Sessions Court, which was dismissed on 24-12-2002 under the impugned order. The applicant was dissatisfied with the said order, therefore, he has preferred this application.
4. ' The learned Advocate for the applicant has stated that there is delay of more than one month in lodging the F.I.R., that the incident was un-witnessed: that nobody had seen the deceased being giving poison and that no post-mortem examination was conducted or any visceras of the deceased were sent to Chemical Examiner to ascertain the cause of death. He has further stated that the case is, a case of no evidence against the applicant, therefore, he is entitled for the concession of bail.
5. ' On the other hand learned A.A.-G. Has conceded that there is delay in lodging the F.I.R. That there are no eye-witnesses or any body has been examined on the point that the deceased was administered poison by anybody and that there is no Chemical Examiner Report or post-mortem examination to ascertain the cause of death. Therefore, he has no objection to the grant of bail before arrest to the applicant.
6. ' I have given due consideration to the arguments and find that there is delay in lodging the F.I.R.
7. Though the complainant has tried to explain the same, but the same can be thrashed out at the time of trial. In the F.I.R. Only suspicion has been shown against the present applicant. During the investigation till this stage. No evidence whatsoever has been collected by the Investigating Officer to connect the applicant with this crime. The cause of death has not been ascertained, so far, as no postmortem examination was conducted or visceras have been sent to Chemical Examiner to show as to whether the deceased was poisoned or not.
8. ' After considering the material available on the record, I am of the considered view that this is a fit case where bail can be granted to the applicant. Consequently, the bail before arrest is granted to the applicant in the sum of Rs, One lac on furnishing solvent surety with P.R. Bond in the like amount, to the satisfaction of Additional Registrar of this Court. The applicant is directed to cooperate with the police in the investigation.
9. Pre-arrest .