1. The applicant Muhammad Hayat son of Khizar Hayat'is facing trial for an offence under section 302/34, P.P.C. Registered at Police Station Quaidabad, Karachi, vide F.I.R. No.112 of 1992. His bail application was rejected by the trial Court, therefore, he has repeated the same before this Court.
2. The allegation against the applicant is that on 7-4-1992 at about 7.30 p.m. He was seen sitting in a white colour Suzuki car which was being driven by co-accused Muhammad Ashraf while accused Muhammad Tayyab was sitting in the passenger seat, on the rear seat the applicant alongwith Muhammad Iqbal were sitting. It is said that firing started from this car on account of which Anwar Khan was hit on his stomach, neck and head and died at the spot. Thereafter Muzaffar Khan complainant lodged the report.
3. I have heard Mr. S.U. Farooqui, learned counsel for the applicant and Mr. A.I Nawaz Dheraj, Advocate for A.-A.G. For State.
4. The learned counsel for the applicant has rightly contended that co---accused Muhammad Iqbal and Muhammad Ashraf have been enlarged on bail by this Court in Criminal Bail Applications Nos.560 of 1992 and 573 of 1992 on the same allegation, therefore the case of the present applicant is identical with the case of the said co-accused. Mr. A.I Nawaz Dheraj, Advocate for State has no objection to the grant of bail for the same reason.
5. The case of the present applicant is completely identical to the case of the co-accused who are already enlarged on bail. In this view of the matter the principle of consistency will apply, as such the present applicant also becomes entitled to be released on bail.