ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

Cr.B.A.No.S-   468    of   2013

DATE        ORDER WITH SIGNATURE OF JUDGE

07.08.2013.

Syed Ghulam Hyder Shah, Advocate for applicant.

Syed Meeral Shah, D.P.G. for the State.

                                    =

            By this order, I intend to dispose of post arrest bail application moved on behalf of the applicant Makhan in Crime No.66/2012 u/s 324, 353, 435, 427, 147, 148, 149, 342, 224, 337-A(i), F(i) PPC registered at Police Station Baldia Hyderabad.

            The case of the prosecution is that DSP Gul Muhammad lodged FIR on 13.07.2012 against 48 prisoners for committing rioting and obstructing the jail officers from performing their duty and attacking upon the jail staff which resulted in injuries.

            It is contended by learned counsel for the applicant that co-accused namely Mumtaz and Rafique have been admitted to bail by this Court in Cr.Bail Application Nos.317 and 320 of 2013 who were involved in this case and the case of present applicant is identical to that of co-accused, therefore, on the rule of consistency the present applicant is also entitled for bail; per learned counsel there are general allegations and no specific injury is attributed to the present applicant; the injuries sustained by the jail staff are simple in nature.

            The learned A.P.G. did not controvert the submissions made by learned counsel for the applicant and has recorded no objection to the grant of bail to the present applicant on the ground of rule of consistency.

            Since the co-accused Rafique and Mumtaz in aforesaid bail applications have been admitted to bail in said crime by this Court vide order dated 02.08.2013 and the case of present applicant is at par to that of co-accused, therefore, as a rule of consistency the present applicant is also entitled to same concession. Looking to the above circumstances, the learned D.P.G. has rightly recorded no objection.

            In the above circumstances, the applicant is entitled for bail and his bail plea is accepted. He may be released on bail subject to furnishing solvent surety in the sum of Rs.50,000/- (Fifty thousand) and P.R. Bond in the like amount to the satisfaction of the trial Court.

                                                                                                            JUDGE                                                          

Tufail