1. ' GHULAM SARWAR KORAI, J.---Through this application, applicant seeks his release on bail.
2. ' Facts of the case are that on 8-9-2010 at about 1500 hours SIP Sohail Soomro of Police Station Qasimabad lodged report stating therein that on the same day he along with his subordinates proceeded from notice station for patrolling in the official mobile while they reached at Technical College Chowk they received spy information regarding availability of four persons in Auto- Rikshaw coming from link road Anwar Villas to Masroor Jatoi. Receiving such information the police party reached at pointed place and saw one Rikshaw No, G-62036 was coming and four persons were seated in the Rikshaw along with driver. The Rikshaw was stopped the persons sitting in Rikshaw tried to escape but two of them were apprehended. The persons who escaped were identified by the police to be Azizullah and Abdul Ghani alias Babu Mistri. The apprehended persons disclosed their identity as Imamuddin and Nisar (present applicant); later was driver of the Rikshaw. On search police party found one white bag on the back seat of the Rikshaw containing 14/15 packets of charras lying in it which were weighed about 1 kg each total 14 kgs: 10 grams from each were separated for chemical examination and entire property was sealed as such mashirnama was prepared, accused and property were brought at police station and F.I.R. Was registered. After submission of challan, bail application of applicant was filed on 7-10-2010 but the same was dismissed by learned trial Court on 12-10-2010 that order was impugned through present bail application.
3. ' Heard Mr. Favaz Hussain Sabki Advocate for applicant and Mr. Muhammad Iqbal Kalhoro A.P.-G.
4. For the State, later opposed the bail application.
5. ' Mr. Fayaz Hussain learned counsel for the applicant contended that the applicant is innocent and he has committed no offence whatsoever alleged by the prosecution. He further submits that the applicant was driver of the Rikshaw while alleged narcotic substance was the property of the persons sitting in Rikshaw as passengers. Two of them made their escape while one was apprehended. He further submitted that the applicant was Rikshaw driver having no knowledge about the substance possessing by the passengers. He also contended that nothing has been collected during investigation about the involvement of the applicant with narcotic substance. He lastly contended that co-accused Azizullah has been granted bail by this Court on 21-1-2011 and the case of the applicant is on better footing to the case of co-accused Azizullah. He prayed that applicant be released on bail. In support of his contentions, he relied upon the case of Sakina Bibi v.
6. The State (2008 SCM R 1111), Pir Bux and another v. The State (2007 M LD 1696), Fazal-e-Ayan v. The State (2003 M LD 261), Salem Hyder v. The State (1999 M LD 1255), Gul Hassan Dero v. The State (2000 PCr.LJ 657).
7. ' Learned A.P.-G., opposed the bail application on the ground that huge quantity of charras was recovered by the police from the backseat of the Rikshaw therefore, _applicant being driver of the Rikshaw is equally responsible for commission of offence, therefore, he is not entitled to be released on bail.
8. ' I have perused the file.
9. There is no cavil that applicant is driver of the Rikshaw. Three persons were sitting in Rikshaw on the backseat of the driver; two of them made their escape while one was apprehended and alleged narcotic substance was recovered by the police lying on the seat of the Rikshaw. It may be the property of the accused who made their escape or of the accused who was apprehended by the police but applicant being Rikshaw driver has no concern with the alleged recovered narcotic substance. He being driver of the Rikshaw was unaware about narcotic substance lying in the bag which was kept by the passenger's seat in Rikshaw. However, it is yet to be determined by the trial Court after recording the evidence whether applicant has the knowledge about the narcotic substance lying on the backseat of the Rikshaw with passengers or not. The punishment of alleged offence may be of life imprisonment or death sentence, but it is yet to be determined after completing proceedings. Co-accused Azizullah has been granted bail by this Court vide order dated 21-1-2011 and the case of the applicant is on better footing to the case of Azizullah. Therefore, on the principle of rule of consistency, the applicant was also entitled for same concession. From the tentative assessm ent of the material collected by the prosecution, I am of the view that applicant has no concern with the alleged recovered property, therefore, his bail application was allowed by short order dated 7-6-2011 and these are the reasons.