' I had earlier dealt with Criminal Miscellaneous No, 6124/CB of 2000, application for cancellation of bail titled as Muzaffar Khan v. Ghulam Hussain etc.
2. Facts of the case are that the said two respondents namely Ghulam Hussain and Ikram Ullah alongwith present petitioner and one Saleem Ullah put the deceased on the ground after holding his arms and legs and thereafter, Aziz Ullah Khan caused dagger blow on the chest of the deceased.
3. Learned counsel for the petitioner submits that role of the present petitioner is similar to that of Ghulam Hussain and Ikram Ullah, whose bail was not cancelled by this Court which was granted by learned Additional Sessions Judge, Faisalabad, that petitioner is behind the bars for the last 5-1/2 months? That challan has not been submitted in the trial Court and that case of the petitioner is of further inquiry.
4. On the other hand, learned counsel for the State assisted by learned counsel for the complainant submits that petitioner is named in the F.I.R., that as far as, Ghulam Hussain and Ikram Ullah are concerned, they were found innocent by the police during the course of investigation, that case of the present petitioner is totally different to that of Ghulam Hussain and Ikram Ullah and that law of consistency is not applicable in this case.
5. I have heard learned counsel for the parties. Ghulam Hussain and Ikram Ullah whose bail was not cancelled by this Court were accused of abetment/conspiracy. Both Ghulam Hussain and Ikram Ullah co-accused of the present petitioner were found innocent by the police during the course of investigation, it means that story of the prosecution is doubtful. The main point in this case is that there is only one injury on the person of the deceased which was specifically attributed to Aziz Ullah co-accused of the present petitioner. As far as, present petitioner is covered, no injury was attributed to him. The only allegation against the present petitioner is that he alongwith three others took the deceased from his arms and legs and threw him on the ground, thereafter, Aziz Ullah caused him fatal injury with dagger. The role of the present petitioner needs further inquiry in view of th fact, that for only-one injury: seven persons have been involved in this case, five accused allegedly present at the spot and two accused of abetment and conspiracy. Case of the present petitioner is covered by subsection (2) of section 497, Cr.P.C. This petition is accepted. Petitioner is allowed bail subject to furnishing bail bonds to the tune of Rs,50,000 (fifty thousand) with one surety in the like amount to the satisfaction of trial Court.