MUHAMMAD YOUSAF vs The STATE
This petition for leave to appeal was directed against an order of the Lahore High Court, which had rejected the petitioner's bail application in a criminal case involving charges under sections 302, 452, 148, and 149 of the Pakistan Penal Code 1860. The core legal question before the Supreme Court was whether the petitioner was entitled to the same relief as his co-accused, Muhammad Arif, who had already been granted pre-arrest bail by the Additional Sessions Judge. Upon reviewing the circumstances and the parity of the petitioner's case with that of the co-accused, the Supreme Court held that the petitioner was entitled to similar treatment. Consequently, the Court converted the petition into an appeal and granted bail to the petitioner, subject to the furnishing of bail bonds in the sum of Rs. 20,000 with two sureties to the satisfaction of the Assistant Commissioner/Duty Magistrate. The judgment reinforces the principle of parity in bail matters, where co-accused similarly situated should generally receive consistent treatment regarding bail applications.
- Is a petitioner entitled to bail if their case is at par with a co-accused who has already been granted bail?
- Can the Supreme Court convert a petition for leave to appeal into an appeal to grant bail?
- Section 302, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
ASLAM RIAZ HUSSAIN, J.-This petition by Muhammad Yousaf petitioner is directed against the order of the learned Single Judge of the Lahore High Court dated 28-4-1982, rejecting his bail application. He was accused along with four others for offence under sections 302/452/148 and 149, P. P. C. His co-accused namely, Muhammad Arif, was granted pre-arrest bail by the Additional Sessions Judge.
2. The case had come up earlier for hearing on 9-6-1982, when we issued notice to the State, and Mr. S. D. Qureshi, appeared in compliance thereof.
3. After hearing the learned counsel for the petitioner and the State, w think that Muhammad Yousaf petitioner's case is at par with that of Muhammad Arif co-accused. We, therefore, convert this petition into appeal and grant bail to him in the sum of Rs. 20,000 with two sureties, each in the alike amount to the satisfaction of Assistant Commissioner/Duty Magistrate.