1. ' The facts leading to present application for bail are that applicants/accused Muhammad Hashim and Nazan alias Ali Nawaz are facing trial before the learned IIIrd Additional Sessions Judge, Khairpur under sections 302, 148, 149 and 324, P.P.C. The case arose out of F.I.R. No,8 of 2002 of Police Station Pir-jo-Goth.
2. ' The brief facts of the prosecution case as disclosed in the F.I.R. Lodged at Police Station Pir-jo-Goth on 29-7-2002 are reproduced herein-below in extenso:--- "Complaint is that I am constable in Police Department. I work in S.P. Office in Accounts Section.
3. About 10 months back Ali Madad alias Mado Narejo had levelled allegation of `Karap' against my brother Allah Wasayo with his step-daughter. The matter was decided and allegation of 'Karp' was not proved against my brother Allah Wasayo. In spite of that Ali Madad Narejo and his relatives bore grudge against us. They were expressing that they will fight. Nazan son of Darhoon Narejo resident of near village Jhando Nasrajo, Taluka Gambat, was inciting them. Today I and my father Din Muhammad son of Dhani Bux aged about 55 years, brother Rahim Bux aged about 25/26 years.
4. Relative Mohram Ali son of Darya Khan, Jarejo resident of Kashir Narejo, who had come for meeting purpose, and cousin Imada Ali son of Haji Jam Khan Naarejo were sitting in room of Otak adjacent to the house. The bulbs in Otak as well as outside were on. At about 19-15 in the night (p.m.) we saw on the light of bulb accused (1) Abdul Latif alias Adlo. (2) Ali Madad alias Mado both son of Ghulam Narejo armed with kalashnikovs, (3) Muhammad Ali son of Nazan with repeater gun, (4) Akram son of Muhammad Bachal with kalashnikov, all Naareja resident of village Pir Muhammad Narejo, came in the Otak. Accused A. Latif and All Madad fired at my brother Rahim Bux, accused Muhammad Ali fired at my father Din Muhammad, Accused Akram with intention to murder, fired at my relative Mohram Narejo. Due to fear, I, ran inside the house through door. I went on the roof of my house and raised cries of murder, murder: I saw on the light of bulb and identified accused (1) A. Ghani son of Ghulan with gun, (2) Munawar son of Mithal with gun, (3) Miran alias Mero son of Nazan with kalashnikov. All by caste Nareja, resident of village Pir Muhammad Narejo. (4) Roshan son of Taj Muhammad with gun, (5) Adlo son of Muhammad Hashim, with gun, both resident of village Jhando Narejo. Were standing to control the doors of house and Otak. On my cries Iqbal Ahmed, Haji Jam Naarejo and others came. They also saw and identified the accused. The accused after committing the offence ran away towards eastern side. Thereafter, we saw that my father Din Muhammad had firearm injuries at left side of (chest) and on left arm and on right buttock. He was bleeding and lying dead brother Rahim Bux had injuries on left side of chest, stomach, back and on right leg. The leg was broken. He was bleeding and lying dead. My relative Mohram had injuries on right cheek. With the assistance of above witnesses I have left the injured in hospital, and now I have come for report. The abovesaid accused due to false allegation of 'Karap' against my brother Allah Wassayo and at the incitation of Nazan and Hashim Narejo, with common intention have murdered my father Din Muhammad, brbther Rahim Bux and have caused injuries to relative Mohram with intention to kill him. Complaint is made. Action be taken.", ' The applicants/accused applied for bail before the trial Court but their bail plea was dismissed by impugned order. Dated 18-5-2002.
5. ' I have heard Mr. Abdul Sattar Soomro. Learned counsel appearing on behalf of the applicants/accused and Mr. Liaquat Ail Shar, learned counsel appearing on behalf of the complainant as well as Mr. G.D. Shahani, learned Additional Advocate-General on behalf of the State. The latter conceded to the grant of bail.
6. ' The only allegation against the applicants/accused is that they were inciting the main culprits of the case to commit the crime. There is nothing on the record that they incited any accused in presence of any person. Admittedly the applicants/accused were not present at the alleged scene of offence at the time of incident. The enmity is existing between the parties. Resultantly I am of the considered view that the case of the applicants/accused necessitates further enquiry as contemplated under section 497(2), Cr.P.C.
7. ' The applicants/accused are granted bail in the sum of B Rs,5.00.000 (Rupees five lacs) each and P.R. Bond in the like amount to the satisfaction of the trial Court.