MUHAMMAD AZAM Versus State Rai M. Tufail Khan Kharal , Chaudhry Munir Sadiq

ORDER

RANA BHAGWANDAS, ACTG. C.J.-- Petitioner is aggrieved of Lahore High Court, Lahore order, dated 5-4-2007 whereby his bail plea in F.I.R. No.118, dated 25-2-2006 registered at Police station, Lundianwala has been declined.

2. Petitioner along with co-accused Riaz, Abbas, Sarwar, Qasim and Sattar has been involved on the charge of commission of Qatl-e-Amd of deceased Zafar Iqbal. During the course of investigation, he along with co-accused Sarwar, Qasim and Sattar was found to be innocent and their names were shown in Column No.2 of the charge-sheet whereas co-accused Riaz and Abbas were produced before the Court in custody.

3. It is contended that three co-accused who were found innocent during course of investigation have been released on bail and the case of the petitioner is at par with their case but he along with others has been summoned by the trial Court on the basis of private complaint lodged, against him on or about 25-2-2006.

4. After hearing learned defence counsel and the State counsel, we feel that the case of the petitioner is identical to the case of Sattar, Sarwar and Qasim, therefore, he is entitled to equal treatment in the eyes of law, following the rule of consistency. We, therefore, admit the petitioner to bail doing the pendency of the trial against him with solvent surety in the sum of Rs.1,00,000 (Rupees one lac) and to the satisfaction of the trial Court.

5. For the afore-said reasons, order of the High Court is set aside. This petition is converted into appeal and allowed in the afore-said terms.

N.H.Q./M-111/SC Bail allowed.