1. ' KHALID ALI Z. QAZI, J.--- By this order, I intend to dispose of bail application moved by Mr. Asif Ali Abdul Razak Soomro, Advocate on behalf of applicant/accused Ghulam Mustafa son of Muhammad Ismail facing trial in the Court of V-Additional Sessions Judge, Larkana in F.I.R. No,3 of 2005 of Police Station Rehmatpur under sections 302, 114, 147, 149, P. P. C . For killing Rasheed Ahmed.
2. ' Brief facts of the case are that on 19-1-2005 at 1920 hours complainant Bashir Ahmed son of Muhammad Panjal by caste Khakhrani appeared at Police Station Rehmatpur and lodged F.I.R.
3. Which reads as under:--- "It is complained that Rasheed Ahmed aged about 37 years is my elder brother. Today I along with my elder brother Rasheed Ahmed, Eidan son of Muhammad Moosa Khakhrani, Sher son of Qaimuddin Khakhrani resident of Nazar Mohalla, Larkana had gone to New Nazar Mohalla, Larkana on foot, when reached in the street near the house of Salamat Abro New Nazar Mohalla, Larkana my brother Rasheed Ahmed went aside for passing urine and we stopped after covering some distance and my brother Abdul Rasheed after passing urine got up and it was 6-30 p.m. (sun-set time) in meantime we saw each Nazir Ahmed son of Muhammad Moosa, Qurban SUIT of Ayub, Ghulam Mustafa son of Muhammad Ilyas, Nawaz son of Mian Khan, Aijaz son of Waris, Mian Khan son of Jalab Khan all by caste Khakhrani resident of Miandad Khakhrani, Taluka Larkana came in the same street. From Northern side. Accused Aijaz had KK, Mian Khan was empty-handed and rest were carrying pistols. On coming, Mian Khan instigated his accomplices not to spare Rasheed Ahmed as such accused Aijaz overpowered upon me, Eidan and Sher Khan and accused Nazir Ahmed fired direct pistol shots at my brother Rasheed Ahmed, which hit him on his forehead.
4. Thereafter accused Qurban, Ghulam Mustafa and Nawab also fired pistol shot at my brother Rasheed Ahmed within our sight, which also hit my brother who fell down on the ground and started trembling, then all the accused persons while raising slogans ran away towards northern side and then we went over Rasheed Ahmed and saw that he had pistol shot fires on his forehead, right side, over chin, on the ear lobe, below chin on right side. He was trembling and was dead.
5. Then I leaving the above named witnesses over the corpse for taking care of it now I have appeared and report that in the year 2001 the brother of accused Ghulam Mustafa namely Muhib Khakhrani was murdered, therefore, due to such annoyance, today the above named accused persons in prosecution of their common object duly armed with weapons have formed unlawful assembly and on the instigation of Mian Khan Khakhrani, accused Aijaz being armed with KK overpowered upon us and rest of the accused namely Nazir Ahmed, Qurban, Ghulam Mustafa and Nawaz have fired directly pistol shots at my brother Rasheed Ahmed and committed his murder. I am complainant, investigation be done."
6. ' After completion of investigation, challan was submitted in the Court of V-Additional Sessions Judge, Larkana. Bail application filed before the trial Court was dismissed on 29-4-2008 thereafter present application has been filed.
7. ' In support of application Mr. Asif Ali Abdul Razak Soomro, Advocate for the applicant contended that the applicant was arrested on 5-2-2005 and he has remained in continuous custody till today for a period of more than 3-1/2 years. He submits that the delay in conclusion of the trial is not attributed on the part of applicant as complainant and P.Ws. In the case are absconders in other cases and such proclamation has been issued against them even in this case including publication of their warrants in the newspapers but in spite of that they have failed to attend the trial Court. Certified copies of the case diaries are available in the file from pages 39 to 81. He submits that expeditious trial is right of every accuseil which cannot be denied to the present applicant. Moreover co-accused namely Nawab Khan has since been granted bail on the ground of hardship by this Court vide order, dated 29-4-2008 hence the present applicant is also entitled for grant of bail .Under principle of consistency.
8. ' Mr. Nisar Ahmed Abro, learned State Counsel submits that in this case six accused are involved, out of which, one Nazeer has been declared as proclaimed offender while Aijaz, Qurban and Mian Khan have been shown in Column No,2 of the charge-sheet. He submits that as per F.I.R. Case of Nawab Khan is similar in nature as that case of present applicant/accused. He conceded to the grant of bail on the rule of consistency as this Court has already granted bail to Nawab Khan on 29-4-2008.
9. I have heard the learned counsel for the applicant as well as learned State Counsel and perused the record. I am in full agreement with my learned brother Mr. Justice Khawaja Naveed Ahmed, in granting bail under the circumstances of the case to the co-accused Nawab Khan. Since the case of Nawab Khan is identical to the present applicant. Under the circumstances present applicant is granted bail upon furnishing solvent surety of Rs,1,00,000 and P.R. Bond in the like amount to the satisfaction of the trial Court.