1. WAHIB BUX BROHI, J.--Applicant Inayatullah is facing trial for an offence under section 302, 324, 148, 149, P.P.C. In the Court of Sessions Judge and Special Judge for Suppression of Terrorist Activities, Larkana. Learned counsel for the applicant mainly contended that two of the co-accused Ashraf and Lutuf have been acquitted by the trial Court while another accused Hassan has been granted bail by this Court. The applicant also deserves grant of bail. In the circumstances it is needless to dilate upon the facts of the case in details but suffice it to say that the allegations of prosecution are that on the day of incident 7 persons namely Azhar, Ashraf, Lutuf, Mushtaq Inayat, Imdad and Hassan attacked the complainant party and allegedly all of them fired but none was hit. It is further stated that all the accused expressed that they had dispute with Javed Shah therefore, other should keep quiet. Thereafter Ashraf and Azhar asked Javed Shah to withdraw from the fish pond else he would not be spared and on his refusal accused Ashraf (since acquitted) fired from his country made pistol at him due to which he fell down and the remaining accused persons went away issuing threats. Javed Shah was removed to hospital where he succumbed to injures. The trial initially proceeded against Ashraf and Lutuf and they were acquitted by the Special Judge, for Suppression of Terrorist Activities and Sessions Judge Larkana on 540-2002 holding that the versions of complainant and other P.Ws. Were neither trustworthy nor free from doubt and as were insufficient to prove the charge beyond shadow of doubt.
2. In the background of the above stated circumstances, it may be observed that since the main accused namely Ashraf has been acquitted of the charge, the guilt of applicant, who has been implicated on account of his vicarious liability, would, ordinarily call for further enquiry. In such circumstances, the fact of abscondence by itself would not be sufficient to withhold concession of bail, particularly, when in similar circumstances co-accused Hassan has been granted bail by this Court. Although learned Asstt. A.-G. Opposed the bail but we find no legitimate reason to reject the bail plea. Consequently the application is allowed. The applicant be released on bail on furnishing surety in the sum of Rs,2,00,000 and executing P.R. Bond in the like amount to the satisfaction of trial Court.