1. ' It is contended by the learned counsel that case of present applicant Zahid Hussain is identical to accused Kamal Hussain who has been granted bail by the trial Court on the ground of statutory delay. The present applicant was arrested on 16-4-1999 and had completed his two years' detention on 17-4-2001, whereas the 3rd and 4th provisos of section 497, Cr.P.C. Were omitted by an Ordinance published in Gazette of Pakistan, Extraordinary Part, October 10th, 2001. It is submitted that right of grant of bail on the said proviso to the present applicant had already accrued on 17-4- 2001. In such situation the case of applicant is at par with the accused Kamal Hussain who has been released on bail by the trial Court. He is entitled for bail on the ground of consistency.
2. ' Mr. Fazlur Rehman Awan learned counsel appearing for State has no objection to the grant of bail on the ground of consistency.
3. ' The record shows that Kamal Hussain was granted bail by the trial Court on the ground of statutory delay vide its order dated 13th September, 2002 whereas it refused bail to the present applicant on the ground that he had not earned his right of bail on statutory delay when the 3rd and 4th provisos were deleted. The things are otherwise, the aforesaid provisos were deleted on 10th October, 2001 and the applicant had completed his two years' detention on 17-4-2001, as such, the case of applicant was at par with accused Kamal Hussain who was admitted to bail.
4. ' Under such circumstances, the applicant is also entitled for the same concession extended to co- accused and is entitled for bail on the principle of consistency.
5. ' He is to be released on bail on furnishing surety in the sum of Rs,2,00,000 (Rupees two lacs only) and P.R. Bond in the like amount to the satisfaction of the trial Court.