ATAULLAH Versus THE STATE

ORDER

Ataullah and Arif, petitioners herein, stand arrested alongwith three others for committing the murder of Zulfiqar. A case was registered at Police Station Hafizabad, district Gujranwala, vide F.I.R. No.205 dated 28‑6‑1987 under sections 148, 302, 201, 379 read with 5.149, P. P. C.

2. According to prosecution Zakaullah and Hasnat Ahmad, co‑accused of the petitioners, had murdered Hatim Ali in the year 1985. The parties were stated to be deliberating for effecting a compromise but Zulfiqar (deceased) did not allow the complainant party to effect the compromise with accused. This was resented by them. It is stated that on the day of occurrence the deceased alongwith the complainant with others was returning from village Dinga. When they reached near the bank of the canal Zulfiqar was waylaid by all the accused including the petitioners. Hasnat Ahmad allegedly fired at the deceased and killed him. The petitioners who were also carrying fire‑arms resorted to firing but the shots did not hit the deceased. Thereafter, the dead body was thrown in the canal by Ejaz, Mazhar and Zafar who have since been allowed bail. The petitioners' bail plea was declined by the lower Court, hence this application.

3. I have heard learned counsel for the petitioners as well as for the State and also perused the record.

4. It is contended that the petitioners have been involved in this case due to enmity; that ineffective firing is alleged against them; and that one of the accused namely, Khizar whose case is identical to that of the petitioners has been allowed bail by this Court vide order dated 19‑1‑1988 in Cr. M. No.39‑B‑1988.

5. Without prejudice to the merits of the case applying the rule of consistency I allow this petition. The petitioners are directed to be released subject to their furnishing bail‑bonds in the sum of Rupees fifty thousand (Rs.50,000 only) with one surety in the' like amount each to the satisfaction of A.C. Duty Magistrate, Hafizabad.

S.A./A‑304/L. Bail granted.