1. This single order shall decide the above captioned post arrest bail applications, as both are outcome of same FIR No, 44, dated 9.5.2016, registered under Sections 7 & 9 of Anti-Terrorism Act, 1997. Section 13 of the Arms Ordinance XX, 1965 and Section 4 of ESA, at Police Station CTD, District Multan.
2. 2.The precise facts, as per FIR, are that when due to a spy information the present petitioners, along with their co-accused namely Muhammad Nauman, Usman Arif and Mohib Ullah were apprehended and searched, from the possession of everyone, explosive substance and other articles, fully detailed in the FIR, were recovered.
3. 3.Arguments heard and record perused.
4. 4.It is alleged that Sikandar Ilyas petitioner was lifted from his house on 31.03.2016 and taken to some unknown place, whereafter, while concocting a false story, he was roped in the case: regarding taking of the above named Petitioner to some unknown place, Rapat No, 56, dated 31.03.2016, was chaked out at Police Station Allama Iqbal Town, Lahore. On behalf of Abdul Hameed petitioner, similar allegations have been leveled and that lifting of the said petitioner was duly brought into the notice of the SIlO of Police Station Mustafa Town, Lahore and entertained through Diary No, 695B-MT, dated 31.03.2016.
5. 5.In the light of the above stated situation, case of the present petitioners has become at par with their co-accused Muhammad Nauman, from whom similar kind of recovery was alleged and on his behalf, the above mentioned facts & circumstances were narrated. whereupon the Hon'ble Supreme Court of Pakistan, through order dated 12.01.2017, passed in Criminal Petition No: 1188/2016, had, admitted bail to him.
6. 6.The learned Prosecutor has failed to draw any distinction between the case of the present petitioners and that of their above named co-accused, who has been treated in the above mentioned manner. Consequently, we are of the considered opinion that principle of consistency is fully applicable to the present petitioners and as held by the august Supreme Court of Pakistan in the cases titled "Muhammad Fazal alias Bodi vs. The State" (1979 SCM R 9) and "Abdus Sattar and others vs. The State" (1982 SCM R 909), they also deserve the same concession, as provided to their above named co-accused.
7. 7.Reluctantly, the petitions in hand are allowed and the petitioners are admitted to bail, subject to their furnishing bail bonds, in the sum of Rs, 2,00,000/- (Rupees two lac only) each, with two sureties, each, in the like amount to the satisfaction of the learned trial Court.