MUHAMMAD SHOIB Versus THE STATE

ORDER

1. The applicant is facing trial under section 302/34, P.P.C. before the learned 4th Additional Sessions Judge, Karachi (West) for the murder of one Rehmat who was brother of the complainant.

2. The complainant had shown suspicions in the co‑accused in the F.I.R. The police examined four witnesses namely Syed Haider Ali, Abdul Mannan, Muhammad Aslam and Abdul Rehman during the investigation, and according to their 161, Cr.P.C. statements, they claim to be eye‑witnesses, and the part assigned to the present applicant was that of catching hold of P.W. Haider Ali.

3. I have heard Mr. Awan for the applicant and Mr. Abdul Ghafoor Mangi for the State.

4. The contention of Mr. Awan is that present applicant had no motive, nor he was armed with any weapon at the time of incident.

5. It was deceased who is said to have given blow to the accused, and not the accused. The allegation against the applicant is that he caught hold of P.W. Haider Raza and his case requires further inquiry.

6. Mr. Abdul Ghafoor Mangi appearing for the State has conceded to the grant of bail to the applicant in view of the above circumstances.

7. The allegation against the applicant is that of catching hold of witness Haider Raza. The conduct of witnesses in the case has been unnatural and the accused is not alleged to have been armed with any weapon at the time of incident. Co‑accused Sajjad has been granted bail by this Court, and against him the allegation was of identical nature. In view of the Supreme Court dictum in 1979 SCMR 9; the applicant is also entitled to be released on bail in view of principle of consistency. I, therefore, direct that the applicant be released on bail on furnishing surety in the sum of Rs.50,000 and P.R. Bond in the like amount to the satisfaction of the trial Court.

8. M. Y. H./M‑336/ K Bail granted.