ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Bail Appln. No. S-  60 of 2023.

Date of hearing

Order with signature of Judge

06.03.2023.

1.         For orders on office objections.

2.         For hearing of bail application.

            Mr. Ghulam Akbar Soomro, Advocate for applicant.

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

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Zulfiqar Ali Sangi, J: Through this application, applicant Ayaz Sethar seeks post-arrest bail in Crime No.83/2021, registered at P.S Kanpur (District Shikarpur), for offences punishable under Sections 302, 114, 337-A (i), 337-F (i), 337-H (2), 147, 148 and 149 P.P.C. His similar prayer was declined by learned 5^th Additional Sessions Judge, Shikarpur, vide Order dated 24.01.2023.

            Learned counsel for the applicant mainly contended that co-accused Amanullah and Jabbar have already been granted bail by this Court vide order dated 28.4.2022 passed in Crl. Bail Appln. No. S- 92 of 2022. Learned counsel has placed on record certified copy of such order.  Per learned counsel, case of the present applicant is on same footings to that of co-accused, who have been granted bail, therefore, the applicant on the basis of rule of consistency also deserves same concession and treatment, as such, he prays for grant of bail in favor of applicant. In support of his contentions, learned counsel placed his reliance upon the cases of Muhammad Daud and another v. The State and another (2008 SCMR 173), and Nawaz Ali Jatt and another v. The State (2020 P.Cr.L.J Note 89 [Sindh]).

            Learned D.P.G. appearing for the State could not refute the submissions made by learned counsel for the applicant and concedes for grant of bail to the applicant.

            Since, co-accused Amanullah and Jabbar have been admitted to bail by this Court and case of present applicant appears to be on same footings, therefore, rule of consistency is applicable to the case of present applicant also. Accordingly, the instant bail application stands allowed and applicant Ayaz Sethar is granted post-arrest bail upon his furnishing solvent surety in the sum of Rs.1000/- (One hundred thousand rupees) and P.R Bond in the like amount to the satisfaction of trial Court.

                                                       Judge

Ansari