Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302/147/148, 149 & 504---Qatl-e-amd---Bail, grant of---Co-accused with the similar allegation had been granted bail by the Trial Court, while the request of accused had been declined---Following the rule of consistency, accused was also admitted to bail. Muhammad Dawood and another v. The State 2008 SCMR 173 ref. Asif Ali Abdul Razak Soomro for Applicant. Ali Raza Pathan for the State. ORDER IMAM BUX BALOCH, J.---Applicant Liaqat Ali Sahar is facing trial before learned 3rd Additional Sessions Judge. Dadu, in Crime No.108/2006. Police Station Thariri Mohabbat, lodged for offences punishable under sections 302, 147, 148, 149, 504, P.P.C. The allegations contained in the F.I.R. are that applicant along with two other co-accused Abdul Rasheed and Abdul Razak and absconding accused Nazir and Asghar have launched a murderous assault upon complainant party, in which Syed Amir Hamza Shah died. During course of investigation name of applicant was kept in column No.2 of the challan. Consequently, the learned trial Court joined him as an accused on 1-7-2006, as his name appeared in F.I.R. with specific role. I have heard learned counsel for applicant, and learned State counsel learned counsel for applicant contended that with the similar allegation co-accused Abdul Rasheed has been granted bail by the learned trial Court on 9-9-2009 while the request of the applicant has been declined. He further contended that case of the applicant is on better footings than that of co-accused, who has been admitted to bail, as during investigation police came to the conclusion that there is insufficient evidence against the applicant. Learned counsel relied upon case of Muhammad Dawood and another v. The State 2008 SCMR 173 and contended that rule of consistency is applicable in the case of applicant. Learned counsel further contended that the trial Court has not considered this aspect of the case, and such tact is escaped away from the notice of learned trial Court that co-accused Abdul Rasheed with similar allegation was granted bail. Learned counsel…