Petitioner seeks bail in case F.I.R. No. 643/1997, dated 23.12.1997 registered under Section 392, PPC with Police Station, Saddar Muridkey.
2. The allegation levelled in the F.I.R, on the complaint of Amanat Ali is that he was sleeping in his house alongwith his wife. Four unknown persons, who have been named in the F.I.R., entered into his house and decamped Rs.45,000/- in cash and some clothes and then committed rape with his wife. Mst. Surryya.
3. Learned counsel for the petitioner contends that post-arrest bail was rejected by Special Judge (Suppression of Terrorist Activities) No. 3, Lahore. He further contends that two co-accused against whom similar allegation was levelled, were granted bail vide an earlier order of the Judge Special Court of Anti- Terrorism-1, Lahore, dated 11.2.1998 and on the basis of the rule of consistency the same relief ought to have been exercised in favour of the petitioner. It is strange enough that his bail was rejected without taking into consideration the extenuating circumstances. He further stressed that during the investigation all the accused were found innocent and that the lady was of loose character.
4. Learned State counsel on the other hand, does not oppose the contentions raised by the learned counsel for the petitioner.
5. Keeping rule of consistency in mind we feel that the petitioner, who is behind the bars since December, 1997, has made out a case of further inquiry. Resultantly, we accept this application and grant bail to the petitioner provided he- furnished security in the sum of Rs.20,000/- with one surety in the like amount to the satisfaction of learned Trial Court.