KHURRAM ALI vs THE STATE
This matter comes before the Lahore High Court through a bail petition filed by Khurram Ali, who was arrested in connection with F.I.R. No. 335 registered on 22-7-1999 under sections 302, 201, and 34 of the Pakistan Penal Code at Police Station Shafiqabad, District Lahore. The core legal question concerns whether the petitioner is entitled to post-arrest bail on the rule of consistency, given that a co-accused facing similar allegations had already been granted bail. The court held that since the co-accused was granted bail due to belated reporting, unsubstantiated motive, lack of incriminating material, and the unlikelihood of an early trial commencement, and this position remained unrefuted by the State, the petitioner is equally entitled to the same concession. The key principle laid down is that co-accused persons facing identical circumstances and roles are entitled to bail on the ground of consistency.
- Is a co-accused entitled to post-arrest bail on the ground of consistency when another co-accused facing similar allegations has been granted bail?
- Does belated reporting of the incident and lack of immediate incriminating material constitute grounds for further inquiry into an accused's guilt under Section 497 of the Code of Criminal Procedure?
- Section 302, Pakistan Penal Code 1860
- Section 201, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
'Petitioner having been arrested in the case registered vide F.I.R. No, 335 of 22-7-1999 under sections 302 and 201/34, P.P.C. Police Station Shafiqabad, District Lahore has sought bail urging consistency viz. Co-accused Muhammad Saleem having been allowed bail vide Criminal Miscellaneous No, 5254-B of 1999 on 14-10-1999 in the following terms:-- "Post-arrest bail is being sought in the case registered vide F .1.R. No,335 of 22-7-1999 under sections 302 and 201/34, P.P.C. Police Station, Shafiqabad, District Lahore by Arif Hussain alleging that his younger brother Shafaat Hussain aged 22/23 years dumb by birth having left the house on 12-7-1999 around 6 p.m. Did'nt show up till the next day, therefore, setting in search for him he went to Shahzad Hotel Bhati Chowk a known place for clustering around of dumb youth wherefrom he learnt that the deceased had an altercation with Abdul Hameed. Javed Bashir, Khurram Ali and the petitioner suffering from the same handicap who took him along to Malipura Tr situate on Ravi embankment arid Abdul Hameed inflicting a hammer blow on his head conjunctively with the accomplices threw him in the river whose dead body, remains untraced.
2. Contending belated reporting of the incident by 10 days, the petitioner is even alien to the motive which according to the Investigating Officer in attendance remained unsubstantiated against whom no incriminating material is available with the prosecution and is no more required by the Investigating Agency with the submission of challan commencement of the trial whereof is out of sight.
3. Factum whereof remained undislodged by the Investigating Officer in attendance. Ex facie constituting sufficient grounds for further enquiring into the petitioner's involvement in the offence charged, thus, is allowed bail upon furnishing bond in the sum of Rs,50,000 with two sureties each in the like amount to the satisfaction of the trial Court."
' He too is entitled to the concession.
2. Which contention remained unrefuted by the learned counsel appearing on behalf or the Slate, thus, is allowed bail in the same terms.