Muhammad Ishtiaq Ahmad alias Ijaz son of Sabir Ali petitioner seeks post arrest bail in case FIR No, 132/2009 dated 19.3.2009 offence under Section 302/34 PPC registered at Police Station Ghalla Mandi Sahiwal.
2. It is inter alia contended that only role attributed to the petitioner is that of proverbial lalkara and no overact has been attributed to him and that petitioner with similar role was allowed post arrest bail vide order dated 28.5.2009 passed in Crl. Misc. No, 1797B/2009 passed by this Court. Prays that in view of rule of consistency, petitioner may also be allowed bail.
3. Conversely, learned Deputy Prosecutor General does not oppose this bail petition and submits that petitioner is named in the FIR and only raising lalkara has been attributed to him. However, when confronted with bail granting order to co-accused, has not much to say.
4. Arguments heard. Record perused.
5. Admittedly the role attributed to the petitioner is that of proverbial lalkara. Nothing is to be recovered from him and with attribution of no overact. Co-accused with similar role has already been allowed bail by this Court vide order dated 28.5.2009 passed in Crl. Misc. No, 1797-B/2009.
Admittedly the case of the petitioner is at par to that of the co-accused. While following the rule of consistency the petitioner also deserves the same treatment. Therefore I am of the considered view that petitioner has made out a case of further inquiry within the parameters of Section 497, Cr.P.C. I allow this petition. The petitioner is admitted to bail subject to his furnishing bail bond in the sum of Rs, 1,00,000/- (One lac) with one surety in the like amount to the satisfaction of learned trial Court.