AFZAL CHOHAN vs THE STATE
This matter arises from a criminal bail application where the applicant sought pre-trial freedom on the principle of consistency, noting that a co-accused facing identical allegations based on a judicial confession of the main accused had already been granted bail. The core legal question was whether an accused implicated solely through the judicial confession of a co-accused is entitled to bail on the ground of consistency and lack of corroborative material. The court held that the sole judicial confession of a co-accused cannot form the basis for conviction and, at the bail stage, cannot be utilized to refuse bail to a similarly situated accused. Consequently, the court admitted the applicant to bail subject to furnishing the requisite surety bonds. The key principle laid down is that the principle of consistency applies when co-accused persons are identically implicated on the basis of inadmissible or weak evidence such as a co-accused's judicial confession, warranting identical treatment at the bail stage.
- Can the sole judicial confession of a co-accused be used to refuse bail to another accused?
- Does the principle of consistency apply when granting bail to a co-accused implicated on identical evidence?
ORDER
' Learned counsel for the applicant prays that as the file of Criminal Bail Application No,1509 of 2001 has been tagged with the present matter, this application be allowed.
2. Order accordingly.
3. Learned counsel for the applicant submits that the case of the applicant is on all fours as of co- accused Nadeem who, was granted bail by myself in Criminal Bail No,1509 of 2001 on the basis that the only piece of evidence so far collected against Nadeem was a judicial confession of main accused Sadaqat. Learned counsel, therefore, prays that applicant/accused Afzal Chohan, who has been similarly implicated by main accused Sadaqat, may be enlarged on bail on the ground of principle of consistency.
' Learned counsel for the State does not oppose the contention of Miss Shahina Khan.
' I have heard both the learned counsel and have gone through the file. In my view, as per settled law the sole judicial confession of a co-accused cannot form the basis for convicting another accused and at the bail stage to that extent cannot be used to refuse bail to such an accused.
Consequently I admit the applicant to bail provided he submits surety in sum of Rs,2,00,000 and P.R. Bond in the like amount to the satisfaction of the Nazir of this Court.
' Application stands disposed of.
Cited by 5 cases
- Sayed KARIM SHAH Versus State 2021 PCrLJN 10
- MUHAMMAD TAHIR vs THE STATE and another 2007 YLR 1451
- GHULAM HUSSAIN Versus THE STATE 2004 PCRLJ 495
- MUHAMMAD SIDDIQUE and another vs THE STATE 2004 P C R L J 450
- MUHAMMAD SIDDIQUE Versus THE STATE 2004 PCRLJ 450