The petitioners Muhammad Yaseen and Muhammad Yaqoob have sought for after arrest bail in case F.I.R. No. 317 dated, 26-12-2001 originally registered under section 381-A, P.P.C., with Police Station, Chak Baidy, District Pakpattan Sharif. Later on, the police have added sections 302/364/411/201, P.P.C. In the same.
2. Briefly the prosecution case as per F.I.R. Is that they and their co-accused Sarang have murdered Muhammad Yasin, the deceased husband of Mst. Naziran Bibi, in the house of Muhammad Yaseen.
3. It has been contended on their behalf that they have falsely been roped in; that there is no evidence at all against them except the bare statement of the widow of the deceased; that their co-accused Sarang has been allowed bail in the instant case on 20-8-2000 by the learned Sessions Judge, Pakpattan Sharif and their case is identical to him, so, as per rule of consistency, they are also entitled to the same relief; that they are behind the bars; and that they are previous non-convicts.
4. Conversely the learned State Counsel though has opposed the application but has conceded that there is only evidence against them of Mst. Naziran Bibi, the widow of the deceased and no other; that their cafe is identical to their co-accused Sarang; and that they both have been declared innocent in the investigation.
5. I have carefully considered the submissions advanced from both the sides with the help of the available record.
6. Admittedly, the only evidence against them (petitioners) is the statement under section 161, Cr.P.C. Of Mst. Naziran Bibi, the widow of the deceased. Her statement dated 25-10-2002 is before me. She in the same has simply stated that they and their co-accused Sarang have murdered her husband in the house of Muhammad Yaseen (petitioner No.1). It does not show that when and how it was. Anyway, co-accused Sarang was allowed bail by the learned Sessions Judge, Pakpattan Sharif on 20-8-2002 mainly on the observation that he neither is named in the F. I. R. Nor any role is ascribed to him and I that he during the investigation has been found innocent.
7. They both are not named in the F.I.R. And no role is ascribed to them in the same. Even in the said statement of Mst. Naziran Bibi, it has 'not been mentioned that they when and how have murdered the deceased. The police record also reveals that they too were found innocent during the investigation, so, the grounds on which co --accused Sarang was granted bail are also available to them. The rule of consistency, thus will come into play in their case. They are behind the bars and stated to be are previous non-convicts.
8. In these circumstances, I accept this application and admit them to bail in the sum of Rs.1,00,000 each with one surety each in the like amount to the satisfaction of the learned trial Court.