IRSHAD HASAN KHAN, J.- This judgment shall dispose of Bail Applications No.636-B and 637-B of 1993.
2. These are applications for grant of bail under section 497 Cr. P.C. In cases FIRs No.123 and 124 dated 15.10.1975 respectively registered at P.S. Rewat, District Rawalpindi, under section 302/34 PPC and 302/148/149 PPC.
3. Learned counsel for the applicant argued that Special Military Court No.65, Rawalpindi convicted the applicant in case FIR No.123 and awarded him imprisonment for life. The applicant challenged his conviction and sentence by means of writ petition No.453/86. This writ petition was accepted by order dated 1.2.1992 on the ground that initiation of proceedings before the Special Military Court which led to the conviction and sentence of the applicant were mala i.e being violative of the undertaking given to this Court on behalf of the State that the trial would be conducted by the ordinary court. The applicant was also convicted in case FIR No.124 dated 15.10.1975 under section 302, 148/149 PPC and sentenced to death vide order dated 25.3.1985. The conviction was also challenged by the applicant by means of writ petition No.662/86. Writ Petitions No.453 and 662 of 1986 were accepted vide consolidated judgment dated 1.2.1992 passed in Writ Petition No.453/1986.
4. Subsequent to the acceptance of both the writ petitions, Muhammad Hanif co-accused who was convicted and sentenced to life imprisonment in case. FIR No.124/75, moved Cr. Misc.No.1919/92 in Writ Petition No.662/86 for grant of bail on the ground that he was on bail during the pendency of the writ petition and no order was passed by this Court on 1.2.1992, regarding its recall. His bail application was allowed on 15.7.1992 subject to his furnishing bail bonds in the sum of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Sessions Judge, Rawalpindi.
5. The applicant moved two petitions for grant of bail in both the cases before Sessions Court, Rawalpindi. The same were, however, dismissed on 21.3.1993 on the ground that the matter was earlier dealt with by the High Court in relation to Muhammad Hanif, co-accused and therefore, the applicant may move the High Court for available relief.
5. We have heard the learned counsel for the applicant and the learned Additional Advocate- General. It is not disputed that Muhammad Hanif was granted bail on 15.7.1992 on the ground that he was on bail in the case and the main judgment delivered in Writ Petition No.453/86 containing the reasons for disposal of his writ petition No.662/86 did not contain any direction for recall of the concession of bail to him. The case of the applicant is at par with that of the co-accused, therefore, following the principle of consistency, the applicant is also enlarged on bail in case FIRs No.123 and 124 supra subject to his furnishing bail bonds in each case in the sum of Rs. 50,000/- (Rupees fifty thousand) with two sureties each in the like amount to the satisfaction of the District and Sessions Judge, Rawalpindi. The learned District and Sessions Judge, Rawalpindi is also directed to dispose of both the cases namely FIRs No.123 and 124 dated 15.10.1975 within three months. The necessary records of FIRs No.123 and 124 dated 15.10.1975 be transmitted to Sessions Court.