1. ' SYED PIR ALI SHAH, J.---Applicant Mazzan has applied for bail in Crime No, 83 of 2007, Police Station Johi, District Dadu for the offence under sections 324, 452, 337-H(ii), 504, 148 and 149, P.P.C. Bail application was moved before the trial court and the same was dismissed/rejected by the IIIrd: Additional Sessions Judge, Dadu vide orders dated 5-12-2007.
2. ' Learned, counsel argues that /he applicant has been involved in this case due to enmity over matrimonial affairs. He argues that he F.I.R., is delayed by more than 5 hours whereas distance from the place of incident is 24/25 kilometers. It is contended that co-accused Naban is on post arrest by the trial court vide order dated 4-10-2007. It is further argued that there are counter cases between the parties, as such crime No,84/07 has been registered by the Gul Muhammad Raza Muhammad at Police Station, Johi for the offence under sections 324, 504, 114 and 34, P.P.C. In that counter case accused Bhooro Khan and Qasim are on pre-arrest by the IIIrd: Additional Sessions Judge, Dadu vide order dated 7-9-2007. Accused is allegedly confined in jail for the last about ten months.
3. ' Learned State counsel has fairly conceded. After going through the case papers he assisted this Court and submitted that co-accused Ali Muhammad and Abdul A Rasool were let off by the police during investigation while arrested acc Muhammad Qasim and Naban have alr been enlarged on bail by the trial court.
4. ' It reveals from the case papers that present accused Mazzan is the only accused confined in jail and facing trial of the case in the custody, his case is at par with the case of co-accused Muhammad Qasim and A Naban.
5. ' Considering the rule of consistency the applicant/accused is also entitled for grant of bail. His bail cannot be withheld as sought of punishment. He is accordingly granted bail, on furnishing solvent surety in the sum of Rs, One hundred thousand and PR bond in the like amount, to the satisfaction of learned trial court.