VEZAR ALI vs FAIQ ZAMAN and another
This matter concerns a post-arrest bail application filed by the accused-petitioner, Vezar Ali, who was charged under Section 324/34 of the Pakistan Penal Code 1860 in connection with a firing incident. The accused had previously been refused bail by the lower courts. The core legal question before the High Court was whether the petitioner was entitled to the concession of bail, particularly in light of the principle of consistency, given that a co-accused with an identical role and circumstances had already been granted bail by the same Court. Upon reviewing the record, the Court observed that the case against the petitioner was indistinguishable from that of the co-accused, Sattar Ali, who had been released on bail. Furthermore, the Deputy Advocate General did not oppose the application. Consequently, the Court accepted the bail application, holding that the principle of consistency dictates that co-accused persons facing identical allegations and circumstances should receive similar treatment regarding bail. The petitioner was ordered to be released upon furnishing bail bonds to the satisfaction of the relevant Judicial Magistrate.
- Does the principle of consistency apply when granting bail to a co-accused who shares an identical role with another co-accused already released on bail?
- Is a petitioner entitled to bail when the prosecution does not oppose the application based on the release of a similarly situated co-accused?
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
' SHAH JEHAN KHAN YOUSAFZAI, J.---Accused-petitioner Vezar facing prosecution in case F.I.R.
No,742 dated 29-5-2010 under section 324/34, P.P.C. Registered at Police Station, Kalu Khan District Swabi, was refused bail by the Courts below. Now he has approached this Court for his release on bail.
2. As per contents of the Murasila on 29-5-2010 at 13-20 hours Faiq Zaman complainant made the report of the incident to the effect that on the same day at about 12-30 hours he was busy in preparing fodder for buffaloes in his house when his son Siddique Zaman told him that accused Waizar Ali, Tauheed Zulfiqar and Sattar duly armed came and are taking the buffalos from the Khander. The complainant and his son came to the spot where they saw the accused party with whom verbal altercations took place on taking the buffaloes. In the meanwhile all the four accused started firing at the complainant party as a result of which Siddique Zaman son of 'the complainant sustained injuries while the complainant himself escaped unhurt.
3. I have heard the learned counsel for the accused-petitioner as well as the learned Deputy Advocate General and have also gone through the record of the case with their able assistance.
4. Without going into deep merits of the prosecution case or the plea of defence, suffice it to say that for single injury sustained by the complainant the petitioner along with his three brothers were charged. One of the brother of the accused-petitioner namely Tauheed Ali was murdered on the following day of the, occurrence for which F.I.R. No,747 under section 302/34, P.P.C. Was registered on 30-5-2010 while Zulfiaqar accused is still absconding. One of the co-accused namely Sattar Ali was allowed bail by this Court in Criminal Miscellaneous No,1069 of 2010 on 7-9-2010 and on the principle of consistency the accused-petitioner also deserves the same treatment as the case against the petitioner and his co-accused Sattar is identical on all aspects. The learned Deputy Advocate-General does not oppose the concession of bail to the accused-petitioner as his co- accused with the same role and circumstances was allowed bail by this Court earlier.
5. Resultantly, this bail application is accepted and the accused-petitioner is allowed bail on furnishing bail bond in the sum of Rs,1,00,000 (Rupees One Lac) with two sureties each in the like amount to the satisfaction of Illaqa/Duty Judicial Magistrate who shall ensure that the sureties must be local, reliable and men of means.
' The above are the reasons of my short order announced on 8-3-2011.