NASRULLH SHARIF vs THE STATE
This matter concerns an application for the confirmation of interim pre-arrest bail in a criminal case involving allegations of illegal plot allotment under Sections 409, 420, 468, 471, and 34 of the Pakistan Penal Code 1860, read with Section 5(2) of the Prevention of Corruption Act 1947. The core legal question was whether the applicant was entitled to bail given that his name was omitted from the initial First Information Report and the interim charge-sheet, and considering the rule of consistency regarding co-accused who were public servants and had already been granted bail or acquitted. The court held that the applicant was entitled to the same relief as his co-accused. The ratio of the decision emphasizes the principle of consistency in criminal proceedings, holding that where co-accused have been granted bail or acquitted, and the applicant's involvement is not substantiated by the initial record, the applicant is entitled to similar treatment. Consequently, the court confirmed the interim pre-arrest bail previously granted to the applicant, finding no grounds to deny the relief sought.
- Is an accused entitled to bail based on the rule of consistency if co-accused have been granted bail or acquitted?
- Does the omission of an accused's name from the initial First Information Report and interim charge-sheet constitute a valid ground for granting pre-arrest bail?
- Can a non-public servant be convicted under Section 5(2) of the Prevention of Corruption Act 1947?
- Section 409, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 5(2), Prevention of Corruption Act 1947
- Section 497, Code of Criminal Procedure 1898
- Section 498, Code of Criminal Procedure 1898
ORDER
1. ' MUHAMMAD AFZAL SOOMRO, C J.---Applicant-Nasrullah Sharif was granted interim bail before arrest on 12-9-2006 in F.I.R. No,40 of 2001 under sections 409/420/468/471/34, P.P.C. Read with section 5(2) ACT-II, 1947 of Police Station ACE Karachi. Today this case has come up for confirmation or otherwise.
2. ' The applicant is involved in this case which pertains to allotment of plots by the office bearers of Messrs Callachi Cooperative Housing Society Ltd. To their favourites.
3. ' Learned counsel for the applicant contended that name of the applicant has not been mentioned in the F.I.R; that some of the co-accused have been granted bail and some of them have been acquitted; that even in the interim charge-sheet name of the applicant was not mentioned and only in the final challan with mala fide of the complainant his name was mentioned; that the applicant is a heart patient and has undergone bypass operation. Learned counsel has relied upon the case of Sikandar A. Karim v. State 1995 SCM R 387 and contended that accused who is a non- public servant cannot be convicted under section 5(2). This would be a ground for his enlargement on bail under section 497/498, Cr.P.C. He further contended that the accused would be entitled to bail on rule of consistency when accused who are public servants have been granted bail.
4. ' Learned counsel for the State is unable to controvert the above position.
5. Since co-accused being public servants have been granted bail and some of them have been acquitted; no name of the applicant having been mentioned, the applicant is also entitled to the same treatment as a rule of consistency.
6. ' Looking all the facts and circumstances, I am of the opinion that the applicant is entitled to the same relief and thus confirm the interim bail before arrest granted to him on the same terms.