ASGHER ALI vs THE STATE
The petitioner sought post-arrest bail in case F.I.R. No. 588 registered under Articles 3/4 of the Prohibition (Enforcement of Hadd) Order 4 of 1979 at Police Station Waris Khan, District Rawalpindi, claiming parity with a co-accused who had already been granted bail by the court. The core legal question was whether the petitioner was entitled to bail on the ground of consistency when the case was at par with that of the co-accused. The Lahore High Court accepted the petition and held that the petitioner, on the principle of consistency, was entitled to the same relief as the co-accused. The court laid down the principle that an accused person is entitled to bail on the ground of consistency when their case is identical to that of a co-accused who has already been admitted to bail.
- Is an accused entitled to post-arrest bail on the principle of consistency when a co-accused in the same case has already been granted bail?
- Whether concession of bail by state counsel regarding parity with a co-accused warrants acceptance of a bail petition?
- Articles 3/4, Prohibition (Enforcement of Hadd) Order 1979
ORDER
' SARDAR MUHAMMAD ASLAM, J.---The petitioner seeks post-arrest bail in case F.I.R. No,588, dated 21-11-2005 registered under Articles 3/4 of the Prohibition (Enforcement of Hadd) Order 4 of 1979 with Police Station, Waris Khan, District Rawalpindi, on the grounds that the case of the petitioner is at par with his co-accused Tariq Mahmood, who has been allowed bail by this Court (Criminal Miscellaneous No,346-B of 2006
2. On the other hand, learned counsel for the State opposed the grant of bail. However, conceded that the case of the petitioner is at par to that of his co-accused who has been allowed bail.
3. Heard. Record perused.
4. The petitioner on principle of consistency is also entitled to the same relief. Resultantly, this petition is accepted. Petitioner is admitted to bail provided he furnishes bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the learned trial Court.