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Criminal Bail Application No. 80 of 1986, decided on 20th February, 1986.

‑‑---S. 497‑‑Penal Code (XLV of 1860), Ss. 302 a 304/34‑‑Bail, grant of‑‑Fatal injuries caused to deceased attributed to co‑accused Accused not previously known to witnesses‑‑Witnesses claimed to have seen culprits in moonlight‑‑Name of accused not appearing in F.I.R.‑‑Only evidence against accused was of identification test and foot print test was, held, 34 days after occurrence‑‑Case of accused, held, called for further Inquiry‑‑Bail granted.

Ch. Abdul Majeed for Applicant.

Abdul Ghafoor Mangi Addl. A.‑G. for the State.

Date of hearing: 20th February, 1986.

Heard arguments of the learned counsel for the parties. The applicant is one of the three persons who have been challaned for the murder, of Ghulam Rasool and the robbery of motor‑cycle alleged to have been robbed from the deceased and his companions Abdul Razzak and Pir Muhammad.

According to prosecution case the applicant carried only Lathi at the time of occurrence. The fatal injuries caused to the deceased are attributed to co‑accused Dedal. The accused including the applicant were not previously known to the witnesses. The occurrence took place at night time at 9‑00 p.m. The witnesses claim to have seen the culprits in the moonlight. The name of the applicant does not appear in the F.I.R. The only evidence against him is of identification test and foot print test which were admittedly held 34 days after the occurrence. However, the learned Additional Advocate‑General has opposed the application.

In view of the above circumstances, I am of the opinion that the case of the applicant calls for further inquiry. He is accordingly allowed bail in the sum of Rs.25,000 and P.R. of the same amount to the satisfaction of the trial Court.

H.A.K Bail granted

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