Postarrest bail and that too on the basis of grounds which were not legally tenable

 In this respect, reliance is placed on the case of Mst. JEWAN MAI versus The STATE and others (PLD 2015 Supreme Court 242), wherein, it was held as under:-

 “For what has been discussed above we have found that reasonable ground did exist regarding involvement of Umar Draz respondent in the murders in issue and, thus, the learned Judge-inChamber of the Lahore High Court, Lahore was not justified in admitting the said respondent to postarrest bail and that too on the basis of grounds which were not legally tenable. Apart from that the learned Judge-in-Chamber had adopted discrepant approaches vis-a-vis different accused persons attributed almost identical roles which approach cannot be approved by this Court. It may be pertinent to mention here that Rab Nawaz coaccused had approached this Court through Criminal Petition No.1162-L of 2014 against the order of the High Court refusing bail to him and the said petition had been dismissed by this Court vide order dated 6-2-2015. As the case against Umar Draz respondent is not materially different from the case against the said Rab Nawaz co-accused, therefore, this Court is to be consistent in its approach. This petition is, thus, converted into an appeal and the same is allowed and consequently the order dated 26-6-2014 passed by the learned Judge-in-Chamber of the Lahore High Court, Lahore in Criminal Miscellaneous No. 8120-B of 2014 is set aside. Let Umar Draz respondent be rearrested and be lodged in jail pending his trial.”  

Part Of Judgment
THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN 
Writ Petition-Criminal Proceedings-N.A.B
5240-20
2020 LHC 1405