IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-762 of 2021

Applicants: Majid Hussain and another, through

Syed Murad Ali Shah, Advocate

Complainant: Nemo

State: Through Syed Sardar Ali Shah Riazvi,

Additional Prosecutor General

Date of hearing: 31.01.2022

Dated of order: 31.01.2022

O R D E R

Zulfiqar Ali Sangi, J: Applicants/accused Majid Hussain alias Hussain Bux son of Ameer Hussain and Deedar Ali alias Dildar Ali son of Kamal Khan are seeking their post-arrest bail in FIR No.25/2020, registered at Police Station Khuhra, District Khairpur, under sections 302, 147, 148 and 149 PPC. Their earlier bail application was declined by the learned Additional Sessions Judge-I/MCTC, Khairpur, vide order dated 23.11.2021. Hence he approached this court by filing present bail application.

2. Allegation against the applicants is that they duly armed with pistols along with co-accused were present at the time of occurrence, however, they did not use the pistols.

3. Learned counsel for the applicants has 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 and later on co-accused Ghulam Nabi was also granted bail on the rule of consistency vide order dated 15.10.2021 passed in Cr.B.A.No.S-584/2021. He also contented that role against the applicants is also same as that of co-accused Ahmed Hussain and Ghulam Nabi as they were only carrying weapons at the time of incident, therefore, on the rule of consistency the applicants are also entitled for concession of bail.

4. Learned APG conceded for grant of bail.

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

6. Admittedly the role assigned to present applicants is same as that of co-accused Ahmed Hussain and Ghulam Nabi who have already been enlarged on bail. Learned APG also conceded for grant of bail. Therefore, on the rule of consistency the applicants are also entitled for concession of bail. Resultantly, this application is allowed and the applicants are granted post-arrest bail subject to furnishing their solvent surety in the sum of  Rs.100,000/- (one Lac) each 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