Syed MOHSIN RAZA vs THE STATE and another
This criminal petition was filed by the petitioner, Syed Mohsin Raza, seeking post-arrest bail in a case registered under the Control of Narcotic Substances Act, 1997, following his implication in Case No. 37 at Police Station A.N.F., Lahore. The core legal question before the Court was whether the petitioner was entitled to the concession of bail on the principle of consistency, given that his co-accused had already been granted bail by the trial court and the prosecution failed to provide evidence distinguishing the petitioner's case from those of his co-accused. The Court observed that the prosecution could not produce the necessary record from the Government of Doha regarding the alleged recovery of heroin. Consequently, the Court held that the rule of consistency applied, as the petitioner's case was not distinguishable from that of his co-accused who were already on bail. The petition was accepted, and the petitioner was admitted to bail subject to furnishing bail bonds. The judgment reaffirms the principle that where co-accused are granted bail and the cases are indistinguishable, the rule of consistency dictates similar treatment for the remaining accused.
- Does the rule of consistency apply to bail applications when co-accused have already been granted bail?
- Is a petitioner entitled to bail if the prosecution fails to provide evidence distinguishing his case from co-accused who are already on bail?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 15, Control of Narcotic Substances Act 1997
ORDER
' CH. IFTIKHAR HUSSAIN, J.---Syed Mohsin Raza petitioner by way of the instant petition seeks post- arrest bail in Case No, 37 registered under sections 9(c) and 15 of the C.N.S.A., 1997 with Police Station A.N.F., Lahore on 29-4-2009.
2. The facts of this case stood already mentioned in Criminal Miscellaneous No, 9497-B of 2009, decided on 29-9-2009, filed by the petitioner's co-accused Muhammad Zahoor Tahir. We, therefore, avoid to repeat the same.
3. It has been argued on his behalf that he has falsely been roped; in that there is no tangible evidence against him connecting him with the offence alleged; that his co-accused Qayyum and Tahir Mehmood Awan have already been admitted to bail by the learned Judge Special Court, C.N.S.A. Lahore and his case is not distinguishable from them and he so, is also entitled to indulgence by this Court in the instant matter.
4. The learned Special Prosecutor submits that he has nothing to offer as against such submissions because of the fact the record has not made available from the Government of Doha, where alleged the heroin was recovered.
5. We have considered the submissions carefully and gone through the available record. It has not been shown that the case of the petitioner is distinguishable from the case of his said co-accused.
We, therefore, find that the rule of consistency would come into play in his case. We, therefore, find it an appropriate case to release him on bail.
6. In this view of the matter, we accept this petition and admit him to bail subject to his furnishing bail bonds in the sum of Rs, 5,00,000 (Rupees five hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned Trial Court.