ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

Cr.B.A.No.S-   520    of   2013

DATE        ORDER WITH SIGNATURE OF JUDGE

07.08.2013.

Mr. Francis Khokhar, 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 Ghulam alias Kaka in Crime No.37/2012 u/s 452, 394, 343 PPC registered at Police Station Mehran.

            The learned counsel for the applicant has contended that name of the present applicant does not appear in FIR and he was joined in investigation on further statement of the complainant recorded after more than one month and there is recovery of only Rs.200/- and one T.T. Pistol from the possession of the applicant; no identification test of accused was held; co-accused namely Rana Naveed Akhtar whose case is identical to that of present applicant has been admitted to post arrest bail by this Court vide order dated 03.05.2013, therefore, as a rule of consistency the present applicant is also entitled for bail.

            The learned D.P.G. on behalf of the State has recorded no objection to the grant of bail to the present applicant by relying on rule of consistency.

            It is an admitted position on record that the name of present applicant does not appear in the FIR  which was recorded on 25.09.2012 while on 05.11.2012 in further statement, the name of present applicant was disclosed by the complainant and thereafter he was arrested and only recovery of Rs.200/- and one T.T. Pistol has been shown against the applicant. The co-accused namely Rana Naveed Akhtar from whom the bonds of Rs.500,000/- allegedly robbed from the house of the complainant were recovered, has been granted bail in Criminal Bail Application No.S-1011 of 2012 by this Court on 03.05.2013. The case of the present applicant is on better footing to that of co-accused Rana Naveed Akhtar, therefore, on rule of consistency the applicant is also entitled for concession of bail. Accordingly, he is admitted to bail subject to furnishing solvent surety in the sum of Rs.100,000/- (One lac) and P.R. Bond in the like amount to the satisfaction of the trial Court.

                                                                                                            JUDGE                                                          

Tufail