1. ' We have heard the learned counsel for the parties. The main contention of both the learned counsel for the petitioners is that other co-accused namely Altaf Haroon, who was Bank Manager and has been shown as accused at Sr. No,8 in the Reference, has already been granted bail by a Division Bench of this Court. Mr. Ali Ahmed Junejo states that the role assigned to the present petitioner is not distinguishable from that of the co-accused who has already been enlarged on bail by this court and the prosecution has not filed any application for cancellation of bail in the Hon'ble Supreme Court.
2. ' Mr. Muhammad Asif Malik states that petitioner Habibur Rehman has wrongly been shown as Manager of the Branch where account was opened. He has further stated that at the relevant time the petitioner was not even posted at the said branch.
3. ' Mr. Ainuddin Khan, learned ADPG, NAB, has strongly opposed the grant of bail and stated that even in the earlier bail application granted to the co-accused he had opposed the grant of bail to the accused person as sufficient material against the accused is in the hands of the prosecution to connect them with the commission of the crime. Be that as it may, since the Division Bench of this Court has already granted bail to the co-accused, whose role I :almost similar to that of the present accused and the prosecution has not moved any application for cancellation of his bail, as such the passed by this court has attained finality, therefore, rule of consistency demands that the present petitioner should also be extended same concession. We, therefore, are of the considered opinion that the present petitioners are entitled to the grant of bail on the rule of consistency.
4. Accordingly, we grant them bail in the sum of Rs,500,000 each with P.R. Bond in tike amount to the satisfaction of the Nazir of this Court.
5. 'The observations made by this court in the are tentative in nature and the trial court should not be influenced by the same while deciding the case. The trial Court should decide the case according to the evidence produced before it at the time of trial.
6. ' Petition stand disposed of.
7. Bailed granted.