Shahzad vs The State and another
This matter arises from a criminal petition seeking leave to appeal against the order of the Islamabad High Court, which declined post-arrest bail to the petitioner in a case registered under the Prevention of Electronic Crimes Act, 2016 and the Pakistan Penal Code, 1860. The core legal question involves the entitlement of the accused to post-arrest bail on the grounds of consistency, given that a co-accused attributed with the ownership of the SIM used in the alleged crime was already granted bail, and considering that the offences fall outside the prohibitory clause of the Code of Criminal Procedure, 1898. The Supreme Court converted the petition into an appeal and allowed it, holding that the petitioner is entitled to bail under the rule of consistency and because offences not falling within the prohibitory clause warrant bail as a rule and refusal as an exception. The key principle laid down is that the rule of consistency applies when co-accused assigned similar roles or connected roles are granted bail, and that bail should not be withheld in non-prohibitory offences without exceptional circumstances.
- Whether an accused is entitled to post-arrest bail on the rule of consistency when a co-accused has already been granted bail?
- Does the grant of bail become a rule and refusal an exception for offences falling outside the prohibitory clause of section 497 of the Code of Criminal Procedure, 1898?
- Section 21, Prevention of Electronic Crimes Act 2016
- Section 24, Prevention of Electronic Crimes Act 2016
- Section 109, Pakistan Penal Code 1860
- Section 509, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
SARDAR TARIQ MASOOD J. Criminal Miscellaneous Application No.1831/2022. For reasons set out in the application for condonation of delay, the same is allowed and the delay of 63 days in filing of the petition is condoned.
Criminal Petition No. 1353/2022.
2. The petitioner has impugned the order dated 15.07.2022 of the Islamabad High Court, whereby post arrest bail was declined to him in case FIR NO. 58 dated 09.05.2022 registered at Police Station FIA/CCRC, Islamabad, under sections 21 and 24 of the Prevention of Electronic Crimes Act, 2016 read with sections 109 and 509 of the Pakistan Penal Code, 1860.
3. Although the petitioner was nominated in the above said FIR with the specific allegation of transmitting the objectionable photographs and videos of the complainant but the record reveals that the 'sim' used for the purpose of transmitting the said photographs and videos was owned by one Abid Mehmood, co-accused, and according to Abid Mehmood he forgot his 'sim' at the house of Tayyab, another co-accused. Abid Mehmood and Tayyab both are brothers-in-law of the complainant. Although according to the investigation, the mobile phone in which the said objectionable photographs and videos were available, was recovered from the possession of the petitioner but according to the prosecution while transmitting the said objectionable photographs and videos the `sim' owned by Abid Mehmood was used. Bail has already been granted to Abid Mehmood and in that eventuality, the petitioner has become entitled to the concession of bail on the principle of rule of consistency. Even otherwise, the offences mentioned in the FIR are out of prohibition contained in section 497 of the Code of Criminal Procedure, 1898 and in such like cases grant of bail is a rule and refusal is an exception, as laid down in the case of Tariq Bashir and 5 others v. The Stare (PLD 1995 SC 34); besides, the petitioner has no previous criminal record.
4. For the forgoing, this petition is converted into an appeal and the same is allowed. The petitioner Shehzad is admitted to post-arrest bail subject to his furnishing bail bond in the sum of Rs.200,000/- (two hundred thousand only) with two sureties in the like amount to the satisfaction of the trial Court.
Cited by 5 cases
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- Muhammad Rizwan vs The State and another 2025 LHC 846
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- Abdul Rehman vs The State and another 2024 YLR 1008