1. ' The brief facts of the matter per F.I.R. No,9 of 2002 of Police Station Khairpur Nathan Shah registered on 9-1-2002 are that per the complainant Iqbal Ahmed, he alongwith Ali Akbar were going on motorcycle on Seeta Road when they were waylaid by two unidentified persons on motorcycle who robbed their motorcycle as well as Rs,2,000. The matter was reported to Head Constable Bakhat Hussain Chandio who happened to come on Seeta Road. The complainant alongwith H.C. Bakhat Hussain followed the culprits and scuffled with them, upon apprehending them during which process the dacoits driving the robbed motorcycle fell down and Bakht Hussain gave them blows with a brick. The docoits fired at Bakhtat Hussain who died whereafter the accused left on their own motorcycle leaving behind the robbed one.
2. ' On the basis of the foregoing facts and circumstances learned counsel has submitted that in the identification parade held on 16-1-2002 only the co-accused Muneer and Raja were picked up whereas the applicant was not. Similarly he has submitted that the recovered pistol from the applicant was not sent for ballistic test in order to confirm whether it has been used in the offence in question, per learned counsel the only piece of evidence with the prosecution at this stage is the confessional statement of the accused which is exculpatory viz. That the applicant had only accompanied the other two co-accused to the fair and remained outside its premises. Thereafter, the applicant upon hearing some gunshots went away from the area, hence the learned counsel submits by no stretch of imagination could it be said at this stage that the applicant could be connected to the crime in question on the basis of vicarious liability. He, therefore, prays that the applicant be enlarged on bail.
3. ' The learned State Counsel has opposed the prayer for bail on the basis of the confessional statement of the applicant plus fact of the recovery.
4. ' We have heard both the learned counsel. In our opinion at this stage the only piece of evidence available with the prosecution is the confessional statement of the applicant which is exculpatory in nature and which clearly is to the effect that the applicant had not participated at all in the crime in question. The case of the applicant becomes one of further inquiry. We would accordingly enlarge the applicant on bail on his submitting surety in the sum of Rs,2,00,000 alongwith P.R. Bond in the like amount to the satisfaction of the learned trial Court.