1. ' ZIA PERWAZ, J.--- The applicant is involved in crime/F.I.R. No,202 of 2004, registered against him under sections 322, 337-J and 34, P.P.C. At Police Station Market, Hyderabad, seeks bail.
2. ' The allegation against the present applicant/accused in the F.I.R. Is that he is licence-holder for the sale of ordinary spirit and he had sold poisonous spirit, which after drinking several persons died.
3. ' It is contended by the learned counsel for the applicant that section 322, P.P.C. Is punishable by Diyat as such it does not fall within prohibitory clause and that the provisions of section 337-J, P.P.C.
4. Are not attracted in the present case as there was no intention on the part of A the present applicant to cause death of any person. Learned counsel submits that the co-accused Irfan who has been assigned similar role in the F.I.R. Has already been enlarged on bail by this Court. He has produced certified copy of order, dated 21-12-2004, passed by this Court whereby granted bail to co-accused Irfan and pray for grant of bail to the present applicant/'accused on the ground of consistency.
5. ' Mr. Anwar H. Ansari, learned State Counsel conceded to the submissions made by the learned counsel for the applicant/accused and states his no objection to the grant of bail to the applicant/accused on the principle of consistency.
6. ' Under the circumstances, the applicant is directed to be released on bail on his furnishing surety in the sum of Rs,1,00,000 (one lac) and P.R. Bond in the like amount to the satisfaction of the trial Court.