IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No. 2003 of
2023
(Samiullah and others vs. The State)
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE. |
Present: Mr. Justice Naimatullah
Phulpoto
Justice Mrs. Kausar
Sultana Hussain
For hearing of bail application
19.09.2023
M/s. Faran Sardar, Nazirullah Mehsood and Zahooruddin Mehsood advocates for the applicants
Mr. Ali Haider Saleem Addl. P.G
-.-.-.-.-.-.-.-.
Naimatullah Phulpoto,
J.- Samiullah, Zahid Gull, Hamza, Zainuddin,
Muhammad Zakir, Amir Khan and Muhammad Shafiq applicants seek post arrest bail in Crime No. 156/2023,
for offences under Sections 147, 148, 149, 427, 337A(i),
353, 186, 435 read with Section 7 ATA of 1997 registered at P.S Tipo Sultan Karachi. Prior to this, applicants applied for
the same relief before learned ATC-1 at Karachi, but the same was rejected vide
order dated 20.05.2023.
2. It is mainly contended that co-accused
namely Fahad, Bilal Aslam,
Syed Imran Zaidi, Muhammad Liaquat, Muhammad Mubashir Hafizullah, Muhammad Rafiq and Naveed Ashraf and
others in the same crime have already been granted bail by this court vide
order dated 15.08.2023, hence case of the applicants is identical to that of
co-accused. It is submitted that applicants are also entitled for grant of bail
on the rule of consistency.
3. Addl. P.G concedes that case of the
applicants is identical to that of co-accused, to whom concession of bail has
been extended by this Court.
4. We have heard learned counsel for the
parties and perused the relevant record.
5. In the case of
Muhammad Fazal
alias Bodi vs. The State (1979 SCMR 9), the Apex
Court, without going into the merits of the case, extended concession of bail to the petitioner on the principle of requirement of consistency for
the reason that the co-accused to whom a role similar to that of petitioner was
attributed had been so released on bail. In the present case co‑accused
to whom roles similar to that of the applicants were attributed have already
been released by this Court vide order dated 15.08.2023. Therefore, while
following the rule of consistency, concession of bail is also extended to the
applicants Samiullah, Zahid
Gull, Hamza, Zainuddin, Muhammad Zakir,
Amir Khan and Muhammad Shafiq subject to their
furnishing solvent surety in the sum of Rs.100,000/- (Rupees One lac) each and
P.R bond in the like amount to the satisfaction of the trial Court.
6. Needless to mention here that the
observations made herein above are tentative in nature, the trial Court shall
not be influenced by the same while deciding the case of the applicants on
merits.
JUDGE
JUDGE
Wasim ps