BASHIR AHMAD and anothers vs THE STATE
This petition sought post-arrest bail for Bashir Ahmad and Muhammad Ali, who were accused in F.I.R. No. 109, registered under Sections 148, 302, and 149 of the Pakistan Penal Code. The core legal question was whether the petitioners were entitled to bail on the principle of parity, given that a co-accused, Muhammad Ramzan, had already been granted post-arrest bail by the same Court in the same case. The Court noted that the case against the present petitioners was not dissimilar to or distinguishable from the case against the co-accused who had already been admitted to bail. Consequently, the Court held that there was no reason to treat the petitioners differently. The petition was allowed, and the petitioners were granted bail, subject to furnishing bail bonds.
- Can post-arrest bail be granted to co-accused on the principle of parity?
- Should co-accused be treated similarly in bail matters if their cases are indistinguishable?
- Section 148, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
' Through this petition Bashir Ahmad and Muhammad Ali petitioners have sought post-arrest bail in case F.I.R. No,109 registered at Police Station Sadar, Arifwala, District Pakpattan Sharif on 8-3-2001 for offences under sections 148/302/149, P.P.C.
2. After hearing the learned counsel for the parties and going through the record it has been noticed that a co-accused of the present petitioners namely Muhammad Ramzan has already been admitted to post-arrest bail in this case by this Court vide order, dated 17-5-2001 passed in Criminal Miscellaneous No,1017-B of 2001. It is not disputed that the case against the present petitioners is not in any manner dissimilar to or distinguishable from the case against the abovementioned co-accused. In these circumstances there is no reason why the present petitioners may not be treated in the same manner in the matter of bail as their co-accused who has already been admitted to bail. This petition is, therefore, allowed and the petitioners are admitted to bail subject to furnishing bail bonds in the sum of Rs,50,000 (Rupees fifty thousand only) each with two sureties each in the like amount to the satisfaction of the learned trial Court .