IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Cr. B.A.No.120 of 2009
Date of hearing
Order with signature of Judge
Mr. Inam Malik, Advocate for the applicants.
Miss Rubina, State counsel.
4.5.2009. O R D E R.
KHADIM HUSSAIN M. SHAIKH, J.:- Through this application, applicants Damsaz Ali and Sudheer Ali both bycaste Ghaloo have sought bail in crime No. 84/2008, of P.S Thariri Muhabat for offences U/Ss 436, 337/A(i), H(ii), 403, 114, 147, 148, 149, 504 PPC, after their Bail plea advanced before the learned Trial court was declined vide order dated 27.02.2009.
At the very outset learned counsel for the applicants does not press Bail Application for applicant Sudheer Ali, which is accordingly dismissed as not pressed.
The allegation against the applicant Damsaz is that he and his co-accused Mazhar, Shabir and Basheer were allegedly armed with guns and on the instigation of co-accused Allahdino, they made firing in the air.
Learned counsel for the applicant has mainly contended that there is general allegation of ineffective firing against the applicant Damsaz and the three co-accused Mazar, Shabir and Basheer, that co-accused Mazhar has been granted bail by this Court vide order dated 5.3.2009, therefore, he prays for grant of the same concession of Bail to applicant Damsaz on the ground of parity.
Learned state counsel frankly conceded to the grant of Bail.
I have given my due consideration to the arguments addressed by the learned counsel for the parties and have gone through the material placed before the Court. I find that co-accused Mazhar, who was assigned the same role of firing in the air as that of the present applicant Damsaz has been admitted to bail by this Court vide order dated 5.3.2009 and as such the present applicant is also entitled to be enlarged on Bail on the rule of consistency. Reliance is placed on the case of Muhammad Daud and another v. The State (2008 SCMR 173) wherein the Hon’ble Supreme Court admitted the accused to bail in view of rule of consistency as co-accused in the said case had already been admitted to bail. Following the said dictum laid down by the Apex Court, the bail is granted to the applicant Damsaz in the sum of Rs.100,000/- (Rupees One Lac) subject to his furnishing solvent surety and PR bond in the like amount to the satisfaction of the learned Trail Court. Consequently, this bail application is allowed to the above extent.