NAWAB KHAN vs THE STATE and another
This matter arises from criminal petitions filed by petitioners Nawab Khan and Noor Muhammad seeking post-arrest bail in case F.I.R. No. 126 registered under sections 302, 324, 148, and 149 of the Pakistan Penal Code at Police Station Dharama, District D.G. Khan. The core legal question involves the entitlement of the accused to post-arrest bail in a case involving a cross-version of the incident and the principle of consistency when co-accused have already been granted bail. The Lahore High Court held that where a case presents two versions of an incident, it is yet to be ascertained which version is correct, and following the rule of consistency based on previous bail grants to co-accused, the petitions should be accepted. The court laid down the key principle that in a case of two competing versions requiring further inquiry, and where co-accused have already been admitted to bail, the rule of consistency applies, and post-arrest bail may be granted to similarly situated accused persons.
- Whether post-arrest bail can be granted in a case involving two competing versions of the same incident?
- Does the rule of consistency apply when co-accused have already been admitted to bail on similar grounds?
- Whether the existence of a cross-version makes a case one of further inquiry under criminal law?
- Section 302, Pakistan Penal Code
- Section 324, Pakistan Penal Code
- Section 148, Pakistan Penal Code
- Section 149, Pakistan Penal Code
ORDER
'CH. IFTIKHAR HUSSAIN, J.---Petitioner Nawab Khan through Criminal Miscellaneous No,3305-B-2009 has sought for post-arrest bail in case F.I.R. No,126 registered under sections 302/ 324/148/149, P.P.C.
With Police Station Dharama, District D.G. Khan on 7-5-2009. There has been a cross version of the incident narrated in the aforementioned case.
2. Petitioner Noor Muhammad through Criminal Miscellaneous No,3853- B-2009 seeks similar relief therein.
3. As both these petitions have arisen out of one and the same case, hence are being disposed of by this single order.
4. It may be mentioned here that petitioner Nawab Khan's co-accused Sher A Jan has been allowed bail in this case on 22-7-2009 .By his lordship Abdul Sattar Goraya, J. in Criminal Miscellaneous No .2879-B-2009 and similarly Muhammad Khan on 10-9-2009 by his lordship Muhammad Khalid Alvi, J. In Criminal Miscellaneous No,1038-B-2009 and Amanullah Khan, Fayyaz Ahmad and Haji Riaz Ahmad in the cross version on 8-7-2009 by his lordship Pervaiz Inayat Malik, J.
(as they then were).
5. After hearing the learned counsel for the parties and perusing the record, I find that it is definitely a case of two versions of one incident. So, it is yet to be ascertained that which of these is correct and which not. In this regard reliance is placed upon the case of Ali Shehryar v. The State 2008 SMCR 1448.
6. I may mention here that it is well settled proposition in criminal administration of justice that even one ground, which may be cogent and recognized in law can suffice to base an order or finding by Court.
7. It may be mentioned here that on such ground aforementioned Muhammad Khan was allowed bail in this case. The ratio of his case is attracted to his case. Hence, respectfully following the view expressed by their lordships in the august Supreme Court of Pakistan, I am inclined to accept both these petitions. The same are accordingly accepted and they both in their respective petitions are allowed bail subject to their furnishing bail bonds in the sum of Rs,100,000 (Rupees one lac) each with one surety each in like amount to the satisfaction of the learned Trial Court.