Nihar, petitioner herein alongwith co-accused Shahid are accused in case F.I.R. 315 dated 16.9.2007 Police Station Khanmai District Charsadda. The latter was arrested on 19.9.2007 and after requisite proceedings was granted bail by Mr. Fazal Subhan, learned Additional Sessions Judge-II, Charsadda vide order dated 29.10.2007. Four (4) days thereafter i,e, on 3.10.2007, Nihar, petitioner was arrested who also moved for bail but this time the matter was seized of by Mr. Muhammad Hussain, learned Additional Sessions Judge-I, Charsadda who vide order dated 12.12.2007 rejected the bail application. Against this, petitioner has come up to this Court for the same relief on the ground that the role attributed to him is identical with co-accused Shahid (since released on bail) but the Courts below have applied a different yardstick and he is discriminated.
2. I have heard learned counsel for the petitioner, Miss Hamsheda Begum, Advocate, counsel for the State/Respondent No, 1 and perused the record.
3. Per rule laid down by the Apex Court vide judgment reported in PLD 1986 SC-173, when a bail application of one or more accused is heard by a Judge/Court, it is he alone who should also hear all subsequent bail applications filed by same or other accused in the same case or the cross case. In this case, the bail application of petitioner moved subsequently was heard by Mr. Muhammad Hussain, learned Additional Sessions Judge-I, Charsadda in disregard to the rule settled by the Apex Court which cannot be subscribed to.
4. In the light of above, the impugned order dated 12.12.2007 passed by the learned Additional Sessions Judge-I, Charsadda is set aside and the bail application of the petitioner is remitted to Mr. Fazal Subhan, learned Additional Sessions Judge-II, Charsadda for disposal in accordance with law.