ORDER SH. AZMAT SAEED, J. - Crl. Misc. No. 1636-B of 2007 filed on behalf of petitioner Abdul Rehman seeking post-arrest bail arises from case F.I.R. No. 120, dated 12.5.2006 registered with Police Station Muzafar Abad, District Multan for offences under Sections 302/34, P.P.C.
2. The precise allegation as embodied, in the F.I.R. Is the petitioner and the co-accused Ashiq Hussain gave beating to deceased. The co-accused was allegedly sitting on the chest of the deceased while the petitioner held his arms. Complainant and the PWs intervened and rescued the victim who subsequently died.
3. Learned counsel for the petitioner contends that prosecution version does not find support from the medical 'as well as Chemical Examiner's report. Adds that petitioner did not use any weapon and there is no specific attribution to him and no previous enmity exists between the petitioner and deceased motivating the petitioner to do away with the deceased. Adds that police during the investigation concluded that no offence under Section 302, P.P.C. Was made out and in fact Section 322, P.P.C. Was attracted which does not fall within the ambit of prohibitory clause to Section 497, Cr.P.C.
4. Learned counsel for the State controverts the assertions and opposes the grant of bail on the ground that petitioner is involved in a heinous offence.
5. Admittedly, the co-accused, of the petitioner namely Ashiq Hussain has already been granted bail by this Court vide order dated 6.2.2007 in Crl. Misc. No. 3634-B of 2006. There is no reference of any sharp-edged injury alleged to have been inflicted by the petitioner in the F.I.R., through mentioned in the M.L.R. Cause of death is also not ascertainable. The aforesaid brings the case of the petitioner within the four corners of further inquiry, and by following the rule of consistency, I am inclined to exercise discretion in his favour with the consequence that petitioner shall be released on bail subject to furnishing bail bonds in the sum of Rs. 1,50,000/- with two sureties each in the like amount, to the satisfaction of the Trial Court.