MUHAMMAD IMRAN and another vs THE STATE
This petition for post-arrest bail was filed by Muhammad Imran and Umer Draz, who were accused in F.I.R. No. 230 registered at Police Station Jauhar Abad, District Khushab, for offences under sections 148, 302, and 149 of the Pakistan Penal Code 1860. The core legal question was whether the petitioners were entitled to the grant of bail on the principle of consistency, given that co-accused persons facing similar allegations had already been granted bail by the Court. Upon reviewing the record, the Court observed that the case against the petitioners was not distinguishable from that of the co-accused, Nazar Hayat and Shaukat Hussain, who had previously been granted bail. Consequently, the Court held that the petitioners should be treated in the same manner as their co-accused. The bail petition was allowed, and the petitioners were admitted to post-arrest bail subject to furnishing bail bonds. The judgment reaffirms the principle of consistency in bail matters, holding that accused persons similarly situated in the same F.I.R. should be treated uniformly.
- Is an accused entitled to bail if co-accused facing similar allegations have already been granted bail?
- Does the principle of consistency apply to the grant of bail in criminal cases?
- Section 148, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
' ASIF SAEED KHAN KHOSA, J.-Through this petition Muhammad Imran and Umer Draz, petitioners have sought post-arrest bail in case F.I.R. No,230 registered at Police Station Jauhar Abad, District Khushab on 25-5-2005 in respect of offences under sections . 148/ 302/149, P.P.C.
2. After hearing the learned counsel for the parties and going through the record it has straightaway been noticed by me that two co-accused of the present petitioners namely Nazar Hayat and Shaukat Hussain have already been admitted to post-arrest bail by this Court vide order dated 16-11-2005 passed in Criminal Miscellaneous No,7798-B of 2005. It is not disputed that as far as the allegations levelled against different accused persons in the F.I.R, are concerned the case against the present petitioners is not dissimilar to or distinguishable from the case against the said co-accused. There is, thus, no reason why the present petitioners may not be treated in the matter of bail in the same manner as the said co-accused. This petition is, therefore, allowed and the petitioners are admitted to bail subject to furnishing bail bonds in the sum of Rs,50,000 (Rupees fifty thousand only) each with two sureties each in the like amount to the satisfaction of the learned trial Court.