NAZIR HUSSAIN vs THE STATE
This matter arises from a petition for post-arrest bail filed by Nazir Hussain in respect of case F.I.R. No. 447 of 2007 registered under sections 302, 148, and 149 of the Pakistan Penal Code at Police Station Civil Lines, District Gujrat. The core legal question concerns whether the petitioner is entitled to post-arrest bail on the ground of consistency when a co-accused assigned a similar role was declared innocent during the police investigation. The court held that the petitioner's case is at par with that of his co-accused who was placed in column No. 2 upon being declared innocent by the Investigating Officer on the basis of sound material. Consequently, the court allowed the petition and admitted the petitioner to post-arrest bail on the principle of consistency, subject to furnishing appropriate bail bonds. The key principle laid down is that an accused person is entitled to bail on the principle of consistency when similarly placed co-accused have been declared innocent during investigation based on sound material.
- Is an accused entitled to post-arrest bail on the principle of consistency when a co-accused with a similar role has been declared innocent by the police?
- Does a finding of innocence by the Investigating Officer based on sound material form a valid ground for granting bail?
- Section 302, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
' MUHAMMAD AHSAN BHOON, J.-petitioner seeks post-arrest bail in case F.I.R. No,447 of 2007, dated 20-5-2007 offence under sections 302, 148 and 149, P.P.C. Registered with Police Station Civil Lines District Gujrat. The facts of the case need not to be repeated, as already been mentioned in my order, dated 12-3-2008, in Criminal Miscellaneous No,9503-B of 2007.
2. Learned counsel for the petitioner contends that case of the petitioner is at par with his co- accused, Altaf Hussain, as with similar role he has been placed in column No,2, as he was declared innocent by the Investigating Officer.
3. Learned Deputy Prosecutor-General for State has opposed the bail application vehemently.
4. After hearing the learned counsel for the parties and going through the record, I find that the case of the petitioner is at parts to what of his co-accused, therefore, he is also entitled to the same relief on principle of consistency. He has been declared innocent by the local police in the investigation on the basis of sound material.
5. For what has been discussed above, this petition is allowed and petitioner is admitted to post- arrest bail, subject to his furnishing bail bonds in the sum of Rs,2,00,000 (Rupees two lacs only) with one survey in the like amount to the satisfaction of the learned trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.