The petitioner seeks post arrest bail in case FIR No, 35/2008 dated 2.2.2008, registered under Sections 380, 411 PPC at Police Station Kot Sultan, District Layyah.
2. Precise allegations against the petitioner are that he alongwith his accomplices had stolen buffaloes belonging to the complainant and was liable to be tried under Sections 380, 411 PPC.
3. Learned counsel for the petitioner submits that Ghulam Akbar and Allah Diwaya, co-accused, having similar allegations have already been granted bail by the learned trial Court, therefore, rule of consistency demands that the present petitioner be also released on bail. He further submits that bail application of the present petitioner was dismissed by the learned Additional Sessions Judge solely on the ground that the petitioner being history sheeter and is involved in such like criminal cases prior to this occurrence, which is not a valid ground for dismissing his bail application, as he has not been convicted in any criminal case. Section 411 PPC is not attracted in the instant case. No recovery has been effected from him and the offence under which the petitioner is being tried does not fall in the prohibitory clause of Section 497 Cr.P.C, therefore, case of the petitioner is that of further inquiry into his guilt.
4. Learned DPG opposes bail application of the petitioner and submits that the petitioner is nominated in the FIR with specific role and the accused persons have been held guilty in police investigation. As per conduct of the present petitioner, he is not entitled to be released on bail for the reason that as many as 15 criminal cases stand registered against him.
5. I have heard the arguments of the learned counsel for the petitioner as well as learned DPG and have also perused the record. There is no denying the fact that the petitioner is nominated in the FIR with specific role, but I am afraid all the co-accused persons had already been granted bail by the learned trial Court having similar allegations and petitioner's role is at par with the rest of the co-accused persons and is not distinguishable in any respect. Merely denying bail to an accused person on the fact that he has been involved in many criminal cases and is a history sheeter would not justify for the reason until and unless the accused person is not convicted by Court of law and relief should not be denied to him. Since the case of the petitioner is at par with that of the co- accused persons, who had already been granted bail, therefore, rule of consistency demands that the present petitioner should also be released on bail.
6. Under the circumstances, petitioner's case is that of further inquiry into his guilt. I, therefore, admit the petitioner to post arrest bail subject to his furnishing bail bonds in the sum of Rs, 50,000/- with two sureties in the like amount each to the satisfaction of the learned trial Court/Ilaqa Magistrate.
Petition stands disposed of.