' Haji Mushtaq Ahmad petitioner, an accused in case F.I.R. No,125 of 1993 registered against him and others with Police Station Gaggo, District Vehari, under section 302/324/109/34, P.P.C. Has filed this petition for grant of bail after refusal of the same by the learned Additional Sessions Judge, Burewala, vide order, dated 20-7-1993.
2. The allegations against the petitioner are that he alongwith Raees Shah, his co-accused in a meeting of Anjuman-e-Sipah Suhaba held on 17-5-1993 instigated the members of Anjuman to kill Maulvi Mazhar-ul-Haq.
3. The learned counsel for the petitioner placing on record the affidavits sworn by Khushal Muhammad Dogar, Ch. Nazeer Ahmad, Muhammad Aslam and Muhammad Jameel, respectables of the locality, duly verified by the Investigating Officer, to the effect that Haji Mushtaq Ahmad petitioner has no concern with Anjuman-e-Sipah Sehaba" contends that co-accused of the petitioner namely Raees Shah, having been attributed the similar role was found entitled to the concession of bail, and the case against the petitioner an old man of 70 years being not distinguishable to him, deserves same treatment. It is urged that except the evidence of two witnesses namely Abdul Rehman and Mauras All introduced at belated stage, no other evidence direct or circumstantial, is available on record to connect the petitioner with commission of offence.
4. Learned counsel for the State and the complainant submitted that Maulvi Mazhar-ul-Haq having been murdered in consequence of instigation by the petitioner a member of Anjuman-e-Sipah-e- Sehaba, in a public meeting, is guilty of committing the crime.
5. After having considered the arguments advanced by both sides and perusal of record, the petitioner having been attributed similar role of instigating the members of Anjuman-e-Sipah-e- Sehaba allegedly played by Raees Shah his co-accused, who has been allowed bail by this Court on the ground that Abdul Rehman and Mauras Ali P.Ws. Not having been named as eye-witnesses in the case registered against members of Anjuman-e-Sipah Sehaba under section 16, of Public Order Ordinance, 1960 on 27-5-1993 for the allegation of making objectionable speeches in the said meeting, his involvement in the case was doubtful. The case against the petitioner being not distinguishable to that of Raees Shah, he apart from being an old man of 70 years of age, on the basis of rule of consistency, is entitled to be released on bail. I accordingly admit the petitioner to bail subject to his furnishing bail bonds in the sum of Rs,50,000 (Rs, fifty thousand) with two sureties in the like amount to the satisfaction of A.C. Burewala.