- (1.) Rejoinder affidavit filed today is taken on record. Heard learned counsel for the applicant, learned A.G.A. and perused the record. It is alleged that in the intervening night of 6/7.10.2010 Yar Mohammad and his wife had been murdered by unknown person. The case of the prosecution is that during investigation one Mansoor disclosed that on 6.10.2010 he had seen the accused applicant and four of his companions going towards the village at about 9.00 P.M. and again he had seen them coming at about 1.00 a.m. and they were seen in a dishevelled position. The informant came to know in the morning that Yar Mohammad and his wife have been murdered. The learned counsel for the applicant argued that there is no direct evidence against the accused applicant, nothing has been recovered from his possession, and even there is no evidence of last seen.
(2.) The learned A.G.A. on the other hand argued that there is criminal history of the accused applicant and he may not be released on bail. In reply the learned counsel for the applicant pointed out that in 4 cases he has already been acquitted and this fact has been stated in the Rejoinder affidavit filed today. One case shown at crime no. 119 of 1983 is not related to the accused, another case under section 110 Cr.P.C. has already been concluded the case at Crime No. 48 of 1999 was not registered against him and a case at crime no. 12 of 1998 relates to some notice under the Gangster Act regarding the property. The case at Crime No. 1397 of 2010 has been registered after the present case and thus only case under section 4/25 Arms Act is pending against the accused.
(3.) I considered over the matter. Looking to the entire facts and circumstances of the case and without entering into the merit of the case, I am satisfied that a case for bail is made out and the accused applicant may be released on bail by imposing certain conditions :;