1. ' MUHAMMAD AFZAL SOOMRO, C J.---Applicant-Nasrullah Sharif was granted interim bail before arrest on 12-9-2006 in F.I.R. No,40 of 2001 under sections 409/420/468/471/34, P.P.C. Read with section 5(2) ACT-II, 1947 of Police Station ACE Karachi. Today this case has come up for confirmation or otherwise.
2. ' The applicant is involved in this case which pertains to allotment of plots by the office bearers of Messrs Callachi Cooperative Housing Society Ltd. To their favourites.
3. ' Learned counsel for the applicant contended that name of the applicant has not been mentioned in the F.I.R; that some of the co-accused have been granted bail and some of them have been acquitted; that even in the interim charge-sheet name of the applicant was not mentioned and only in the final challan with mala fide of the complainant his name was mentioned; that the applicant is a heart patient and has undergone bypass operation. Learned counsel has relied upon the case of Sikandar A. Karim v. State 1995 SCM R 387 and contended that accused who is a non- public servant cannot be convicted under section 5(2). This would be a ground for his enlargement on bail under section 497/498, Cr.P.C. He further contended that the accused would be entitled to bail on rule of consistency when accused who are public servants have been granted bail.
4. ' Learned counsel for the State is unable to controvert the above position.
5. Since co-accused being public servants have been granted bail and some of them have been acquitted; no name of the applicant having been mentioned, the applicant is also entitled to the same treatment as a rule of consistency.
6. ' Looking all the facts and circumstances, I am of the opinion that the applicant is entitled to the same relief and thus confirm the interim bail before arrest granted to him on the same terms.