' Hord Mr. Shafi Muhammad Memon learned counsel for the applicant and Mr. Abdul Hussain Motiwala learned counsel for the State.
2. The applicant Muhammad Yousif Khoso is facing trial before the learned Sessions Judge Dadu alongwith co-accused Ghulam Nabi and Bashir his sons and Ali Mardan who are in custody and Mst. Sultana his daughter-in-law who has been shown absconder in the charge-sheet for the offence punishable under sections 302/324, P.P.C. Read with section 114, P.P.C.
3. Mr. Memon has submitted that according to F.I.R. No active role has been assigned to the applicant and there is allegation of instigation only. He has submitted that according to F.I.R. Itself the applicant Muhammad Yousif was empty-handed at the time of incident and, therefore, it is a question of further inquiry to be determined at the time of trial Court, if the applicant is responsible by way of vicarious and constructive liability. He has further submitted that the applicant is an old man of about 73 years age and is suffering from ailment which is not possible to be treated in jail.
He has placed reliance on the letter written by Civil Surgeon Dadu to the Superintendent District Jail Dadu which contains that the applicant is suffering from bilateral inquinal horniae with hypertension and for the treatment of inquinal horniae, the patient requires reference to the teaching hospital for surgical intervention. Mr. Memon has submitted that looking to the old age of the applicant coupled with the ailment and in the, wake of allegation of instigation only, the applicant is entitled for bail.
4. On the other hand, Mr. Motiwala learned State counsel has opposed the bail application for the reason that the applicant is named in the F.I.R. And there is specific allegation of instigation against him.
5. I have considered the contentions raised by the learned counsel for the parties and am of the opinion that since the applicant is stated to be empty-handed at the time of the incident and the entire family has been implicated by the complainant party, therefore, the applicant is entitled for bail at this stage. The applicant is, therefore, granted bail in the sum of Rs,2,00.000 and PR Bond in the like amount on furnishing of solvent surety to the satisfaction of the trial Court.