DODO vs THE STATE
This matter arises from a post-arrest bail application filed by the applicant Dodo, who is implicated in Crime No. 17 of 1999 registered at Police Station Johi, District Dadu, under sections 302, 142, 148, and 504 of the Pakistan Penal Code 1860, read with section 24 of the Dhak Act. The core legal question concerns whether the applicant is entitled to bail on the basis of the rule of consistency, given that a co-accused with a similar role had already been granted bail. The Sindh High Court held that since no overt act was attributed to the applicant and a co-accused facing a similar allegation of being armed with a hatchet had been admitted to bail, the applicant was entitled to the same concession under the rule of consistency. The court accordingly admitted the applicant to bail subject to furnishing the requisite security.
- Whether an accused person is entitled to bail under the rule of consistency when a co-accused with a similar role has already been granted bail?
- Does the absence of an attributed overt act in an FIR justify the grant of post-arrest bail in a murder case?
- Can the concession of bail be extended to an applicant when the State counsel does not oppose it based on parity with a co-accused?
- Section 302, Pakistan Penal Code 1860
- Section 142, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 504, Pakistan Penal Code 1860
- Section 24, Dhak Act
ORDER
1. ' The applicant is involved in Crime No,17 of 1999 registered at Police Station Johi, District Dadu under sections 302, 142, 148, 504, P.P.C. Read with section 24 of Dhak Act.
2. ' According to the contents of F.I.R. Lodged by complainant Ghulam Ali on 4-5-1999 the applicant alongwith co-accused Chanesar and others was involved in committing the murder of Gul Hassan, who sustained gunshot injury at the hands of co-accused Anwar with his SBBL gun and died.
3. ' It is contended by the learned counsel for the applicant that the specific role has been attributed to co-accused Anwer. The role attributed to the present applicant and co-accused Chanesar was almost similar. The co-accused Chanesar was granted bail but the present applicant has been declined the concession of bail.
4. ' Learned State Counsel submits that since the co-accused Chanesar who was having hatchet has been granted bail, he was not in a position to oppose the concession of bail to the present applicant.
5. ' The contentions raised have been carefully considered.
6. ' The perusal of the F.I.R. Reveals that the deceased died due to gunshot injury caused by co- accused Anwar. Though present applicant and co-accused Chanesar were armed with hatchets yet no overt act has been attributed against them. Co-accused Chanesar was granted bail vide order dated 21-9-1999. Keeping in view the rule of consistency the present applicant is also entitled to the grant of bail as rightly conceded by the learned State Counsel. The applicant is accordingly admitted to bail in the sum of Rs,1,00,000 (Rupees one lac) and P.R. Bond in the like amount to the satisfaction of the trial Court.