Syed ASIF MATEEN ZAIDI and 3 others vs THE STATE
This matter comes before the Sindh High Court upon an application for pre-arrest bail under section 498 of the Code of Criminal Procedure 1898 in respect of Crime No. 97 of 2007 registered under sections 319, 322 and 34 of the Pakistan Penal Code 1860 at Police Station Shah Latif Town. The core legal question concerns the entitlement of the applicants to pre-arrest bail after the initial bailable offence under section 319 was converted to a non-bailable offence under section 322 in the final challan, and given that co-accused had already been granted pre-arrest bail by the court. The court held that the applicants are entitled to pre-arrest bail based on the principle of consistency, as their case stands on an identical footing to that of the co-accused who were already granted bail. The key principle laid down is that the principle of consistency applies when evaluating bail applications of co-accused facing similar allegations.
- Whether pre-arrest bail can be granted to applicants when the offence is converted from bailable to non-bailable in the final challan?
- Does the principle of consistency apply when co-accused have already been granted pre-arrest bail?
- Are applicants entitled to pre-arrest bail on the same terms as co-accused whose cases are at par?
- Section 498, Code of Criminal Procedure 1898
- Section 319, Pakistan Penal Code 1860
- Section 322, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
1. ' MRS. QAISER IQBAL, J.--- The applicants have applied for pre-arrest bail under section 498, Cr.P.C.
2. In Crime No,97 of 2007 under sections 319/322/34, P.P.C. Registered at Police Station Shah Latif Town, they were admitted on interim Pre-Arrest bail vide order dated 28-9-2004 which has now come up for conformation or otherwise.
3. ' The allegations Contained in the First Information Report are that during the course of performance of subcontract awarded to Messer Railcop Pakistan Railway engaged in the construction and supervisioiMel Flkuyer project in Pakistan Steel Mill, dug a hole on tits main, rondp: affixed two inch iron pipe without any reflection tape, rotary light or other indication so as to caution motorcycle riders and motorcyclists during night time. The complainant's on on 2nd March, 2007 was riding on motorcycle during night hours could not see the pipes dashed, fell in the hole, sustained injuries which turned out to be fatal. First information report was registered under section 319, P.P.C. In which the Chairman Pakistan Steel Mill, Project Director Railcop Pakistan Railway along with applicants were involved. The offence under section 319, P.P.C. Being bailable the applicants were admitted on pre-arrest bail by the trial Court, subsequently the offence was converted to section 322 in the final challan.
4. ' Concession of to the applicants was withdrawn, bail application filed for pre-arrest bail was dismissed.
5. Learned counsel contends that the final challan presented does not refer to any material having been collected on the basis of investigation in place or the original allegation contained in the F.I.R.
6. Section 322 has been added with the sheer object to make out none bailable offence. It is next urged that in Criminal Bail Application No,873 of 2007 this Court has confirmed the pre-arrest to the co-accused vide order dated 8-10-2007 the case of the present applicants is at par to the co- accused already admitted on pre-arrest bail therefore applicants are also entitled to the same concession.
7. ' Learned State counsel has conceded to the grant of pre-arrest bail in favour of the applicants.
8. ' Taking into consideration the principle of consistency, the applicants are also admitted on pre- arrest bail on the same terms and conditions as are contained in interim pre arrest order.
Cited by 3 cases
- SAIFULLAH Versus State 2020 YLR 1045
- AMEER HASSAN Versus State 2022 PCrLJN 40
- MIR AMAN vs SARDAR JEHAN and another 2010 YLR 1930