' Fazal Mil petitioner, one of the accused persons in case F.I.R. No,26 registered at Police Station Dawaba (Hangu) on 16-1-1992 under sections 302/324, P.P.C., has been refused the concession of bail by Additional Sessions Judge/Judge Special Court, Hangu vide order dated 26-6-2002. The petitioner has approached this Court with the similar prayer and in support of the bail application Mr. Attaullah Khan, Advocate for the petitioner contends that co-accused in this case have already been admitted to bail and the petitioner is also entitled for the grant of bail in view of the principle of consistency. Conversely, Mr. Abdul Fayaz, Advocate for the complainant assisted Malik Muhammad Akhtar, Advocate for the State opposed the bail application on the ground that petitioner remained fugitive from law for sufficient long time and his conduct does not qualify him for the concession of bail.
2. The petitioner, as stated above, is one of the accused persons charged for murder of Jalat Khan father of Gul Zamir complainant. The complainant is stated to have.Gone abroad and his whereabouts are not known. The co-accused have already been allowed bail in this case. I find myself in agreement with learned counsel for the petitioner that his client could not be discriminated and had to be treated inter se fairly and equally. Fazil Khaliq alias Hafiz v. The State 1996 SCM R 364.
3. The application is accepted and the petitioner is directed to be released on bail on furnishing bail bonds in the sum of Rs,2,00,000 (Rupees two lacs) with two sureties each in the like amount to the satisfaction of the trial Court.