NISAR AHMED vs THE STATE
This matter concerns a post-arrest bail application filed by the applicant, Nisar Ahmed, who is facing trial alongside seven other co-accused for offences under sections 380, 409, 34, and 120-B of the Pakistan Penal Code 1860. The core legal question before the Court was whether the applicant was entitled to the concession of bail based on the principle of consistency, given that several co-accused facing identical allegations had already been granted bail by the Court and the trial court. The Court observed that the applicant's case was indistinguishable from that of the co-accused already released on bail, and noted that the recovery of the alleged stolen property had been effected from another co-accused who remained in custody. Consequently, the Court allowed the bail application, holding that where the case of an accused is identical to that of co-accused who have been granted bail, the principle of consistency dictates that the applicant should also be released on bail. The applicant was ordered to be released subject to furnishing solvent surety.
- Is an accused entitled to bail if co-accused facing identical allegations have already been granted bail?
- Does the recovery of stolen property from a co-accused in custody impact the bail entitlement of other co-accused?
- Section 380, Pakistan Penal Code 1860
- Section 409, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 120-B, Pakistan Penal Code 1860
ORDER
1. ' The applicant alongwith seven other accused persons is facing trial for offences under sections 380, 409, 34, 120-B, P.P.C. Before the Court of learned 1st Additional Sessions Judge, Larkana. Out of them, some six are stated to have been released on bail, their names are Abdul Karim, Rafique Ahmed, Bashir Ahmed, Zahid Hussain and Mohammad Ibrahim by this Court except accused Ashique Ali Shah who was granted bail by the trial Court.
2. ' The main contention in support of this bail application is that the case of the present applicant is identical to the case of co-accused already released on bail and that the recovery of entire property in the case has been affected from co-accused Abdul Wahid Abbasi, who is in custody.
3. Mr. Khalid Hussain Shahani has filed the case diaries of the pending case alongwith his statement, which is taken on record.
4. ' Mr. Mohammad Ismail Bhutto, learned counsel appearing for the State has conceded to the plea.
5. Case of the applicant and. The co-accused on bail per the F.I.R. And the police record fall in the same lines. Their cases appear to be identical, hence the present, application for bail is allowed.
6. The applicant Nisar Ahmad shall be released on bail subject to furnishing solvent surety in the sum of Rs. One Lac and PR bond in the like amount, to the satisfaction of Additional Registrar of this Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Cited by 2 cases
- JAVED IQBAL Versus The STATE through Advocate-General, Azad Jammu and Kashmir 2017 PCrLJN 80
- MUHAMMAD LATIF alias MITHU Versus The State 2005 PCRLJ 409