Mohammad Aslam Arain J.-Applicant Allah Ditta, who is one of the accused involved in Crime No. 159/92 of P.S. Darakhshan Karachi under section 20 of Offences against Property (EOH) Ordinance, 1979, has approached this Court for bail. His earlier application being BA. No. 967/92 and that of the accused Mohammad Aslam and Ishaque Masih was rejected by me by a consolidated order dated 4.1-93. After some witnesses were examined by the trial Court, the learned advocate repeated bail application on behalf of the applicant Allah Ditta, which is rejected by the learned VIII Addl. Sessions Judge, Karachi- South by order dated 16.8.93.
2. I have heard the learned advocate for the applicant and the learned AA.G. The later has not opposed the grant of bail. It has been argued by the applicant's learned advocate that bail to co- accused Ishaque Masih has been granted by the Hon'ble Supreme Court on 22.3.93 and to co- accused Mohammad Aslam bail is granted by the learned trial Court on 16.8.93. Insofar as the case of applicant Allah Ditta is concerned, it is argued that evidence against him is similar as against co-accused who are enlarged on bail. It has also been pointed out that P.Ws. Adnan Zafar, Abu Ahmed, Mohammad Anwar and Mst. Saima Khan are examined and nothing has come on record to connect the applicant with the commission of the offences. Although no identification test of applicant was held through the witnesses yet in her evidence Mst. Saima has stated that accused Allah Ditta present in Court is one of the two accused, who had entered in her bedroom. This identification, according to the learned advocate is of no avail to the prosecution as the witness had seen the accused outside the Court before the evidence was recorded. The learned AA.G. Has fairly conceded that because on similar evidence bail is granted to co-accused Ishaque Masih by the Hon'ble Supreme Court and to accused Mohammad Aslam by the trial Court, applicant would also be entitled to bail as evidence against him is similar in nature as against other accused.
Applicant Allah Ditta is, therefore, granted bail and he shall be released on furnishing one surety in the sum of Rs. 50,000/- and P.R. Bond in the like amount to the satisfaction of the trial Court.