IBRAHIM vs THE STATE
This bail application was filed by the applicant, Ibrahim, seeking post-arrest bail in connection with Crime No. 5 of 2006, registered at Police Station Bhan for offences under sections 337-A(i), 337-A(ii), 337-F(i), 337-F(vi), 337-F(v), 403, 147, 148, and 149 of the Pakistan Penal Code 1860. The core legal question was whether the applicant was entitled to bail given the principle of consistency, as other co-accused had already been granted bail, and considering the duration of his incarceration. The Court observed that the role attributed to the applicant was similar to that of the co-accused who had already been granted bail. Furthermore, the Court noted that the injury attributed to the applicant did not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898 and that the applicant had been in custody for over ten months. Consequently, the Court allowed the bail application, holding that the applicant was entitled to the same relief as his co-accused, subject to furnishing surety.
- Is an accused entitled to bail on the principle of consistency if co-accused with similar roles have already been granted bail?
- Does an offence not falling within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898 entitle an accused to bail?
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 337-F(vi), Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 403, Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
- Section 497(1), Code of Criminal Procedure 1898
ORDER
1. ' ANWAR ZAHEER JAMALI, J.--- Applicant Ibrahim, who is one of the nominated accused in Crime No,5 of 2006, Police Station Bhan, for commission of offence punishable under sections 337-A(i), 337-A(ii), 337-F(i), 337-F(vi), 337-F(v), 403, 147, 148, 149, P.P.C. Has moved this bail application under section 497, Cr.P.C. For grant of bail in the crime.
2. Heard the learned counsel and perused the case record which shows that out of six nominated accused in the crime three accused Gulab, Ali Nawaz and Mumtaz have been admitted to bail by this Court vide order, dated 14-4-2006 while two other accused have been admitted to bail by the trial Court of learned Sessions Judge Jamshoro at Kotri vide order, dated 4-8-2006.
3. ' As per allegations contained in the F.I.R. The role of all the six accused in the commission of crime is more or less same, except that one injury, which has been caused to the father of the complainant with iron rod, has been specifically attributed to the present applicant. Besides, the applicant, who was arrested on 19-1-2006 is in custody since then, while the injury attributed to him as per medical report, also does not fall within the prohibitory clause of section 497(1), Cr.P.C.
4. ' This being the position, taking into consideration the nature of allegations against the applicant and other accused, who have already been admitted to bail, and the fact that he has remained in custody for over 10 months, this bail application is allowed. The, applicant is, therefore, ordered to be released on bail on his furnishing surety in the sum of Rs,1,00,000 (Rupees one lac) and P.R. Bond in the like amount to the satisfaction of the trial Court.