Zulfiqar Ali vs The State
The petitioner Zulfiqar Ali sought post-arrest bail in case FIR No. 333 registered under Sections 337-A (ii), 337-A(i), 337-L(ii), 337-A(v), and 148/149 of the Pakistan Penal Code 1860 at Police Station Kassowal, District Sahiwal, on the ground that an identically placed co-accused had already been granted bail. The core legal question was whether the petitioner was entitled to bail on the rule of consistency given that a co-accused with an identical role had been released on bail. The Lahore High Court held that since the role attributed to the petitioner was identical to that of the co-accused who was already granted bail, the petitioner was equally entitled to the concession. The Court laid down the principle that accused persons with identical roles in a criminal case must be treated consistently regarding the grant of bail.
- Whether an accused is entitled to post-arrest bail on the rule of consistency when a co-accused with an identical role has already been granted bail?
- Does attribution of an identical role to a co-accused who is already on bail warrant the grant of bail to the subsequent petitioner?
- Section 337-A (ii), Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-L(ii), Pakistan Penal Code 1860
- Section 337-A(v), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
MUHAMMAD KHALID ALVI, J.- Zulifqar Ali petitioner seeks bail in a case FIR No. 333, dated 27.10.2005 for offences under Sections 337-A (ii), 337-A(i), 337-L(ii), 337-A(v), 148/149, PPC registered at Police Station Kassowal, District Sahiwal.
2. The allegation against the petitioner as narrated in the FIR is that he alongwith other co-accused attacked the complainant party and caused injuries to the complainant and his brothers namely Abdul Ghafoor and Muhammad Yaqoob.
3. Learned counsel for the petitioner contends that co-accused Muhammad Riaz was allowed bail by this Court vide Order dated 1.2.2006 in Crl. Misc. No. 26-B-2006. The role attributed to the petitioner and the said accused is identical, therefore, on the principle of rule of consistency, petitioner is also entitled to the same concession.
4. On the other hand, learned counsel for the State is not in a position to controvert the submissions of the learned counsel for the petitioner.
5. Having considered the ease of the co-accused Riaz and the present petitioner, I have no hesitation to hold that the role attributed to the present petitioner is identical to that of Riaz co- accused who has already allowed bail by this Court. Accordingly petitioner is allowed bail subject to his furnishing bail bonds in the sum of Rs. 50,000/- (Rupees Fifty thousand only) With one surety in the like amount to the satisfaction of the Trial Court.