KAMEEN WAZIR vs The STATE
This petition for leave to appeal arises from an order of the Peshawar High Court dated 2-4-1986, whereby the petitioner's request for pre-trial bail under sections 307, 148, and 149 of the Pakistan Penal Code was refused, while bail was granted to his co-accused. The core legal question before the Supreme Court was whether the petitioner's case was distinguishable from that of the co-accused who had been granted bail, particularly regarding the principle of consistency in bail matters. The Supreme Court held that the plea that the petitioner's case could not be distinguished from that of the released co-accused deserved consideration. Consequently, the Court granted leave to appeal, allowed the petition, and directed the case to be transferred to the Peshawar Registry for hearing during the upcoming court session.
- Whether pre-trial bail should be granted to an accused whose case is indistinguishable from co-accused who have already been granted bail?
- Does the rule of consistency apply when considering bail applications for co-accused facing trial under sections 307, 148, and 149 of the Pakistan Penal Code?
- Section 307, Pakistan Penal Code
- Section 148, Pakistan Penal Code
- Section 149, Pakistan Penal Code
ORDER
1. ABDUL KADIR SHAIKH, J.--This is a petition for grant of leave to appeal from the order of a learned Judge of Peshawar High Court, dated 2-4-1986, refusing to grant petitioner's request for release on bail pending his trial along with co-accused Zamir Gul and Khiyal Wazir under section 307/148/149, P.P.C. Learned Judge however, by the same order granted bail to the aforesaid two co accused.
2. According to the version of the complainant Hakim Khan, petitioner had allegedly fired a pistol at him but the bullet had misfired and he luckily escaped. The two co-accused were alleged to have caused injuries to his mother Mst. Zerkheme.
3. Mr. Munir Khan learned counsel appearing in support of the petition submits that case of the petitioner cannot be distinguished from the one of the co-accused to whom bail has been granted.
4. The above plea amongst others deserves consideration, we, therefore, grant leave and allow the petition.
5. Learned counsel for the petitioner prays that since this case pertains to Peshawar, the appeal may be heard there during the next session of this Court which is to commence from 16th November, 1986.
6. Since only short points are involved for the decision of the appeal and the case pertains to Peshawar region, the request for transfer is legitimate and is granted.
7. The file of the case shall be transferred to Peshawar Registry for hearing there during the next session of this Court.
8. Appeal will be heard on the present record but it will be open to the parties to file additional documents, if any.