MANZOOR And Others vs The STATE
This matter arises from a petition for leave to appeal directed against the order of the Lahore High Court, which rejected the petitioners' request for post-arrest bail in a case involving offenses under sections 302, 307, 149, and 148 of the Pakistan Penal Code 1860. The core legal question concerns whether the petitioners are entitled to bail on the rule of consistency when co-accused have been released on bail, notwithstanding specific incriminating roles attributed to the petitioners in the first information report. The Supreme Court held that the dismissal of bail by the High Court was unassailable because specific parts and active participation in murders and murderous assault were assigned to the petitioners in the FIR, distinguishing them from co-accused found innocent by the police. The petition was dismissed with the observation that the petitioners may renew their bail application before the trial court after material evidence has been recorded.
- Whether bail can be refused to accused persons to whom specific parts and active participation are assigned in the first information report?
- Does the release of co-accused found innocent by the police automatically entitle other co-accused to bail?
- Can an accused renew a bail request before the trial court after material evidence is recorded?
- Section 302, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
ORDER
1. ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the order of a learned Judge of Lahore High Court dated 17-7-1984 rejecting petitioners' request for release on bail. The four petitioners alongwith five others, Khan, Walayat, Azam, Zulfikar and Zahoor are awaiting trial in a case under section 302/307/149/148 of the Pakistan Penal Code. The five co-accused have been allowed bail for the reason according to the High Court that "they were found innocent by the police". Petitioners' request has been rejected by the Additional Sessions Judge, Jhang and the High Court for the reason that in the F.I. R. Specific parts have been assigned to the petitioners for participation in the crime which has led to to murders and murderous assault on three persons.
2. The reasons which have prevailed in the High Court for rejecting petitioners' request for bail are unassailable. There is no merit in this petition and it is dismissed.
3. It is, however, open to petitioners to repeat the request for bail after material evidence is recorded by the trial Court.