' MUNIR A. SHEIKH, J.--- The case of the petitioner is that his case was better than the case of Shahid Ali, co-accused. We summoned the Investigating Officer, who appeared today alongwith the record. He admitted that Shahid Ali was the Clearing Agent who was responsible to submit all the relevant documents for deposit of the required amount and release of indemnity bond. Shahid Ali had already been granted bail. The case of co-accused Ehsan-ul-Haq, present petitioner was that he instigated Shahid Ali to make interpolation in the bank challan after deposit of Rs,5,000 by adding "0" to make it Rs,44950 and the indemnity bond was released on the documents submitted by Shahid Ali one of which was also signed by Ehsan-ul-Haq, the present petitioner. He when questioned, admitted that Ehsan-ul-Haq was neither Clearing Agent nor otherwise authorized by Shahid Ali, Clearing Agent to get the indemnity bond cleared. The maximum sentence prescribed under the law for the offence for which the petitioner is being tried is 3 years. He is in jail for the last 8 months.
2. In our view, the case of the petitioner is not distinguishable from B Shahid Ali, therefore, keeping in view the principle of consistency, he is also entitled to the grant of bail.
3. This petition is converted into appeal, the same is accepted, judgment, dated 27-1-2003 of the High Court is hereby set aside and the petitioner is allowed bail in the sum of Rs,100,000 with two sureties each in the like amount to the satisfaction of the trial Court.