TALIB vs THE STATE
This matter arises from a criminal bail application filed by the accused, Talib, seeking post-arrest bail before the Sindh High Court. The core legal question revolves around whether the applicant is entitled to bail on the grounds of statutory delay in lodging the First Information Report, the applicability of the alleged offense under Section 382 of the Pakistan Penal Code 1860, the need for further inquiry into the allegations, and the rule of consistency given that a co-accused had already been granted bail. The court decided to grant the bail application. The holding establishes that where there is an abnormal delay in lodging the F.I.R., the case requires further inquiry by the trial court, and a co-accused has already been enlarged on bail, the rule of consistency applies, entitling the remaining accused to post-arrest bail subject to appropriate sureties.
- Is an accused entitled to post-arrest bail based on the rule of consistency when a co-accused has already been granted bail?
- Does an abnormal delay in lodging the First Information Report warrant further inquiry into the guilt of the accused for the purpose of bail?
- Whether an accused is entitled to bail when the exact nature of the offense committed requires determination by the trial court after recording evidence?
- Section 382, Pakistan Penal Code 1860
ORDER
SHAMSUDDIN HISBANI, J.- Granted.
2. Exemption granted subject however, to all just exceptions.
3. There is abnormal delay in the lodging of the F.I.R. The contention of the learned counsel for the applicant has been that offence, prima facie, does not fall within the mischief of section 382, P.P.C, co-accused already granted bail by the learned Sessions Judge, Jamshoro at Kotri. The present applicant is in custody for a considerable period. The allegation against him needs further inquiry as it has been to be determined by the trial Court after recording of evidence as to what offence has been committed by him. Keeping in view the rule of consistency, the applicant is also entitled to the grant of bail, as argued by learned counsel for the applicant.
'In the circumstances, applicant Talib is admitted to bail subject to his furnishing surety in the sum of Rs,50,000 (Rupees Fifty Thousand) and P.R. Bond in the like amount to the satisfaction of trial Court.