HUSSAIN and 2 others vs THE STATE
The present criminal miscellaneous application has been filed by the applicants seeking post-arrest bail in Crime No. 10 of 2001 registered at Police Station Johi under Sections 302 and 324 of the Pakistan Penal Code 1860, after their bail plea was dismissed by the trial court. The core legal question before the court was whether the applicants are entitled to the concession of bail on the principle of equity and consistency when a co-accused with a similar role has already been granted bail by the High Court. The Sindh High Court held that the applicants are indeed entitled to bail on the ground of consistency as the State did not controvert the similar role and situation of the applicants vis-a-vis the co-accused. The court laid down the key principle that accused persons whose cases are on identical footing with a co-accused who has already been enlarged on bail are entitled to the same concession on the principle of equity and consistency.
- Whether an accused is entitled to bail on the principle of equity and consistency when a co-accused with a similar role has been granted bail?
- Can bail be granted to applicants whose case is in a similar situation to a co-accused previously enlarged on bail by the court?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
ORDER
1. ' The present applicants are seeking bail in Crime No,10 of 2001 registered with Police Station Johi under sections 302, 324, P.P.C. The applicants moved bail application before the trial Court but without success, hence this application.
2. ' Learned counsel for the applicants has contended that the co-accused namely Ali Nawaz has been granted bail by this Court. On 2-7-2001 and the role of the present applicants is same and their case is to be put in the similar situation. According to him the present applicants are entitled to the concession of bail on the principle of equity and consistency. He has placed reliance on A case-law reported as 1979 SCM R 9.
3. ' On the other hand learned counsel for the State has not controverted the contention being raised by the learned counsel for the applicants and has recorded his no objection on the ground that the case of the present applicants is falling in the similar situation as co-accused Ali Nawaz has been granted bail by this Court.
4. ' In view of the aforementioned legal position and on the basis of principle of equity and consistency, law cited by learned counsel for the applicant, I am of the considered view that the present applicants Hussain, Shahnawaz and Muhammad Ramzan are also entitled to the concession of bail on the principle of equity and consistency. Accordingly all the three applicants are granted bail in the sum of R.3,00,000 and P.R. Bond in the like amount to the satisfaction of the trial Court. This bail application stands disposed of.