NAZEER vs THE STATE
This matter concerns a bail application filed by the applicant, Nazeer, seeking confirmation of post-arrest bail in a criminal case. The core legal question before the High Court was whether the applicant was entitled to the concession of bail on the principle of consistency, given that co-accused persons, who were specifically named in the First Information Report for the commission of the offence, had already been granted bail by the trial court. The applicant argued that his involvement was based merely on an alleged assurance regarding the return of a motorcycle, placing his case on a better footing than the co-accused. The Court observed that the co-accused had been released on bail by the Additional Sessions Judge and noted that the Assistant Advocate General did not oppose the confirmation of bail. Furthermore, the Court considered the applicant's employment as a primary school teacher and the potential impact of incarceration on his liberty and reputation. Consequently, the Court confirmed the bail, holding that the applicant was entitled to relief based on the principle of consistency and the specific circumstances of the case.
- Is an accused entitled to bail on the principle of consistency if co-accused persons have already been granted bail?
- Does the lack of opposition by the State regarding a bail application influence the court's decision to confirm bail?
- Can the professional status of an accused, such as being a primary school teacher, be a relevant factor in considering bail confirmation?
ORDER
1. ' It is contended by the learned counsel for the applicant that co-accused Akhtiar and Aijaz have been released on bail as they were specifically named in the F.I.R. For the commission of offence. It is further stated by the learned counsel that complainant has involved the applicant on the ground that some assurance was made for return of the motorcycle by the applicant.
2. ' Since the main accused against whom the complainant has alleged that they committed the offence and are released on bail by the learned Additional Sessions Judge, Mehar by an order dated 10-6-2002 and the case of the present applicant/accused is on better footing of the co- accused. Learned A.A.-G. Has not opposed the confirmation of bail on the grounds raised by the learned counsel. The applicant is also serving as rimary school teacher and if bail is not confirmed he will lose his liberty and reputation.
3. ' In view of the circumstances raised by the learned counsel and learned A.A.-G. The bail is confirmed on the same terms and conditions.
Cited by 1 case
- RIAZ AHMAD vs GOHAR AYUB and anothers 2006 YLR 712