ZAFAR IQBAL and another vs STATE
The petitioners sought pre-arrest bail in case FIR No. 611 dated 31.10.2006 registered under Sections 337-F (i, v)/A (i, ii,)/337-L (ii)/148/149 of the Pakistan Penal Code 1860 at Police Station Saddar Arifwala, District Pakpattan Sharif. The core legal question was whether the petitioners were entitled to pre-arrest bail on the ground of consistency, given that co-accused attributed graver injuries had already been granted bail. The Lahore High Court held that since co-accused with graver role had been released on bail and the petitioners had joined the investigation, no useful purpose would be served by refusing pre-arrest bail. The Court laid down the principle of consistency in granting bail to co-accused under similar circumstances, confirming the pre-arrest bail previously granted to the petitioners.
- Whether pre-arrest bail can be confirmed on the principle of consistency when co-accused attributed graver injuries have been granted bail?
- Does joining the investigation entitle the accused to confirmation of pre-arrest bail in non-bailable or comparable hurt offences?
- Section 337-F, Pakistan Penal Code 1860
- Section 337-A, Pakistan Penal Code 1860
- Section 337-L, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER.
The petitioners, through this petition, seek pre arrest bail in case FIR No.611 dated 31.10.2006 registered under Sections 337-F (i, v)/A (i, ii,)/337-L (ii)/148/149 PPC with Police Station, Saddar Arifwala District Pakpattan Sharif, on the grounds that case of the petitioners falls under Section 337-L (ii) PPC which is bailable; and that co-accused of the petitioners, attributed injuries graver than petitioners have been allowed post-arrest bail.
2. On the other hand, learned DPG opposed the grant of pre-arrest bail on the ground that pre arrest bail is an extra ordinary relief given to innocent persons to save them from disgrace and humiliation at the hands of police.
3. I have heard the learned counsel for the parties and perused the record.
4. Co-accused of the petitioners namely Yaqoob, Akram and Irshad had caused injuries graver in nature than that of petitioners. They have been released on post arrest bail. Ejaz carrying bat in his hand caused injuries on Faisal ur Rehman while Zafar Iqbal, with sota, on the person.of Abid Ali. The petitioners have joined the investigation. No useful purpose would be served in refusing concession of pre arrest bail as they will be entitled to the same relief as provided to their co-accused on principle of consistency. In Muhammad Ramzan v. Zafar UIIah and another (1986 SCM R 1380), the Honourable Supreme Court refused to cancel pre-arrest bail in-almost similar circumstances.
5. For what has been discussed above, this petition is allowed and petitioners' bail already granted earlier by this Court is confirmed provided they furnish fresh bail bonds in the sum of Rs. 50,000/- each with one surety each in the like amount to the satisfaction of the learned trial Court.