ABDUL, AZIZ vs THE STATE
This criminal appeal arises from the refusal of post-arrest bail to the appellant, Abdul Aziz, who was booked under sections 302, 324, 148, and 149 of the Pakistan Penal Code 1860 in respect of F.I.R. No. 14 dated 9-5-1994. The core legal question was whether the appellant was entitled to post-arrest bail on the principle of consistency, given that a co-accused attributed with a similar role of causing simple injuries had already been granted bail. The Supreme Court of Pakistan allowed the appeal and held that since the appellant did not cause any injury to the deceased and his role regarding the prosecution witness was identical to that of the co-accused who was already enlarged on bail, the appellant was entitled to bail on the principle of consistency. The key principle laid down is that where co-accused persons share similar imputations resulting in simple injuries and one has been admitted to bail, the principle of consistency dictates that bail should also be extended to the remaining co-accused.
- Is an accused entitled to post-arrest bail on the principle of consistency when a co-accused with a similar role has already been granted bail?
- Does a role attributed with causing simple injuries to a witness warrant the withholding of post-arrest bail when the co-accused similarly situated is admitted to bail?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
' MIR HAZAR KHAN KHOSO, J.---Appellant, Abdul Aziz, alongwith Nazir Hussain and others is booked for offence under section 302/324/148/149, P.P.C., vide F.I.R. No,14, dated 9-5-1994, registered at Police Station 'B' Division, Dera Ghazi Khan. Allegation against the appellant is that he and his co- accused Nazir Hussain caused knife injures on the person of witness Muhammad Nadeem. Nazir Hussain and Abdul Aziz were arrested by the police. Nazir Hussain was allowed bail by the lower Court. But the appellant could not succeed in his attempt there. Bail application moved on his behalf before the Lahore High Court, Multan Bench, Multan, was rejected on 17-10-1994. He moved petition for leave to appeal before this Court. Vide Order dated 28-11-1994 this Court while granting leave to appeal observed that "the petitioner had not caused any injury to the deceased man Shahzad by name. He had allegedly caused a simple injury to Nadeem P.W. The latter had two injuries on his person; the other injury was also simple and was allegedly caused by Nazir Hussain accused. Nazir 1-Itissain was admitted to hail and it is contended that on the principle of consistency, the petitioner was also entitled to bail. Leave to appeal is granted to consider these contentions".
2. We have gone through the F.I.R. It is admitted fact that the appellant had not caused any injury to deceased Shahzad, it is also an admitted fact that Nazir Hussain and appellant Abdul Aziz caused knife injuries on the person of witness Nadeem. The medical evidence reveals that there were two knife injuries on the left and right sides of the chest of witness Nadeem. Both the injuries were declared by the Medical Officer to be incised wounds and skin deep and were simple in nature.
3. The learned counsel for the appellant reiterated that cm the same nature of injury caused on P.W. Nadeem, Nazir Hussain has been allowed bail. On the principle of consistency the appellant was also entitled to bail. The learned counsel for the State admitted that no application for cancellation of bail of Nazir Hussain was moved before the High Court or before this Court. In such view of the fact we are inclined to grant bail to the appellant also. He be released on bail subject to his furnishing bail bond in the sum of Rs,50,000 (Rs, fifty thousand) with one surety to the satisfaction of the trial Court.
Cited by 5 cases
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- AHMED HASSAN vs THE STATE 2000 YLR 901