IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-584 of 2021

           

 

Applicant:                                  Ghulam Nabi Lashari, through

                                                  Syed Murad Ali Shah, Advocate

                                                 

Respondent:                               State through Mr.Khalil Ahmed Maitlo, DPG

 

Date of hearing:                         15.10.2021

 

Dated of order:                           15.10.2021

                                                 

 

O R D E R

 

Zulfiqar Ali Sangi, J:  Applicant/accused Ghulam Nabi son of Allah Wassayo by caste Lashari, seeks his post-arrest bail in FIR No.25/2020, registered at Police Station Khuhra, District Khairpur, under sections 302, 147, 148 and 149 PPC. His earlier bail application was declined by the learned Additional Sessions Judge-I/MCTC, Khairpur, vide order dated 04.11.2020. Hence he approached this court by filing present bail application.

2.           Allegation against the applicant is that he duly armed with pistol along with his companions was present at the time of occurrence, however, he did not use the pistol.

 3.          Learned counsel for the applicant contended that this court has granted bail to co-accused Ahmed Hussain who was assigned similar role vide order dated 11.02.2021 followed by reasons dated 12.02.2021, passed in Cr. B.A.No.S-709/2020. He also contented that role against the applicant is also same as that of co-accused Ahmed Hussain, as he was only carrying weapon at the time of incident, therefore, on the rule of consistency the applicant is also entitled for concession of bail.

4.           learned DPG conceded for grant of bail.

5.           I have heard learned counsel for the applicant, learned DPG for the state and have gone through the material available on record with their able assistance.

6.           Admittedly the role assigned to present applicant is same as that of co-accused Ahmed Hussain who has already been enlarged on bail. Learned DPG also conceded for grant of bail. Therefore, on the rule of consistency the applicant is also entitled for concession of bail. Resultantly, this application is allowed and the applicant is granted post-arrest bail subject to furnishing his solvent surety in the sum of  Rs.100,000/- (one Lac), and PR bond in the like amount to the satisfaction of the trial court.

 

7.       Instant Criminal Bail Application is disposed of in the above terms.

 

                                                                             JUDGE

 

Suleman Khan/PA