Muhammad Sarwar vs The State
This matter concerns a post-arrest bail application filed by the petitioner, Muhammad Sarwar, who was implicated in a case involving the preparation of forged National Identity Cards (NICs) under Sections 420, 468, and 471 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to bail on the principle of consistency, given that his co-accused had already been granted bail by the Supreme Court and the High Court. The Court held that since the case of the petitioner was on a footing equal to or better than that of the co-accused who had already secured bail, the petitioner was entitled to the same relief. The key principle laid down is the 'principle of consistency' in criminal jurisprudence, which dictates that where co-accused persons are similarly situated regarding the evidence and allegations, they should be treated uniformly in matters of bail to prevent discriminatory outcomes in the administration of justice.
- Is a petitioner entitled to bail on the principle of consistency if co-accused persons facing similar allegations have already been granted bail?
- Does the dismissal of a previous bail application as withdrawn preclude the filing of a subsequent bail application if the circumstances of the case have changed?
- Section 497, Code of Criminal Procedure 1898
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
ORDER
IJAZ AHMAD CHAUDHRY, J. - Through this application under Section 497 Cr.P.C, the petitioner seek?
Post arrest bail in a case F I R. No. 232-2005, dated 24.08.2005, registered under Sections 420, 468 471, P P C. At Police Station, Kassoke, Hafizabad, on the complaint of Nisar All Inspector, Investigation, Hafizabad:
2. The brief allegations as alleged in the F.I.R, are that on 24 08.2005 at about 9 30 a.m. a secret information was received that Rana Sohail co-accused, who was dismissed from service from NIC department, in the days of elections, had received huge illegal gratification from the Candidates of Nazim and Naib Nazim for preparing the forged Identity cards in his Haveli. A raid was conducted and three persons i.e. Rana Sohail, Muhammad Sarwar (petitioner) and Nisar Ahmad were apprehended at the spot, who were preparing forged NICs. Some articles/materials used for preparing NICs, were recovered from the place of occurrence. Some complete and incomplete NICs of male and female were also recovered from the place of occurrence. Rana Sohail co- accused stated to the complainant that they in-connivance with Asmatullah, Arif Sheikh, Ahid Arain and Rafaqat Ali, were preparing these identity cards. Hence, the FIR.
3. The learned counsel for the petitioner has contended that co-accused Rana Muhammad sohail has been granted bail by the Honourable Supreme Court vide judgment dated 03.01.2006 while accepting Criminal Petition No 620-L/2005 and Nisar Ahmad co-accused has also been admitted to bail by this Court while allowing Crl. Misc. No 1180-B-2006 vide order dated 07.03.2006 and case of the present petitioner being at par with the case of said co- accused, he is also entitled to the same treatment
4. The learned State counsel has opposed his bail petition on the ground that earlier Criminal Misc.
No. 8942-B/2005 filed by the petitioner after complete arguments was dismissed as withdrawn by his Court vide order dated 19.12.2005.
5. I have heard the arguments advanced by tlr learned counsel for the parties and perused the record as well as copy of the judgment passed by the Honourable Supreme Court in the bail matter of Rana Sohial co-accused.
6. The Hon'ble Supreme Court has granted bail to Rana Muhammad Sohail, co-accused while accepting Crl. Petition No. 620-L/2005 and the case of the petitioner is on better footing with the case of the said co-accused. Moreover, Nisar Ahmad co-accused has also, been granted bail by this Court while allowing Crl. Misc. No. 1180-B-2006 vide order dated 07.03.2006. Thus, the petitioner is also entitled to the same relief oh the principle of consistency.
For the foregoing reasons, the instant bail petition is accepted and the petitioner is admitted to bail subject to furnishing bail bonds in the sum of Rs. 1,00,000/r with two sureties each in the like amount to the satisfaction of learned Judicial/IIIaqa Magistrate.