PLJ 2022 Cr.C. (Note) 47
Criminal Procedure Code, 1898 (V of 1898)--
----Ss. 497--Pakistan Penal Code, 1860 (XLV of 1860), Ss. 365/355/ 292/148/149--Post-arrest bail--Role of the present petitioner is not distinguishable from the co-accused--Who has already been allowed bail--Object of--Rule of consistency and principle of parity has deep rooted nexus with Articles 9 and 25 of the Constitution of Islamic Republic of Pakistan, 1973--Bail allowed. [Para 4] A
Hafiz Muhammad Abu Bakar Ansari, Advocate for Petitioner.
Mr. M. Abdul Wadood, Addl. Prosecutor General for State.
Mr. Ahsan Raza Hashmi, Advocate for Complainant.
Date of hearing: 25.5.2021.
PLJ 2022 Cr.C. (Note) 47
[Lahore High Court, Multan Bench]
Present: Anwaarul Haq Pannun, J.
MUHAMMAD ASHRAF--Appellant
versus
STATE etc.--Respondents
Crl. Misc. No. 2627-B of 2021, decided on 25.5.2021.
Order
The petitioner seeks his release on post arrest bail in case/FIR No. 185 dated 27.03.2021, offence under Sections 365/355/292/148/149, PPC, registered at Police Station Chowk Azam, District Layyah.
2. Precisely, the allegation against the petitioner is that be along-with his co-accused in prosecution of their common object, abducted complainant’s son and daughter-in-law namely Tahir Nazir and Mst. Nasreen Akhtar and used criminal force to dishonor his son.
3. Arguments heard and record perused.
4. Learned counsel for the petitioner while referring the order dated 18.05.2021, passed by learned Addl. Sessions Judge, Layyah in pre-arrest bail petition titled “Juma Khan vs. The State, etc.” submitted that role of the present petitioner is not distinguishable from the co-accused Juma Khan, who has already been allowed bail. On the other hand, learned Additional Prosecutor General for the state has not been able to distinguish the case of present petitioner with that of the aforesaid co-accused. The prosecution has tried to resist the contention of learned counsel for the petitioner through an abortive effort. The above referred co-accused is enjoying the fruit of bail in the form of liberty. The object of rule of consistency and principle of parity has deep rooted nexus with Articles 9 and 25 of the Constitution of Islamic Republic of Pakistan, 1973 which envisage equality before law and protection of his life and liberty. Since the co-accused, who was assigned the similar role as to the present petitioner, has been enlarged on bail, therefore, in absence of any distinguishable features, it will not only be in the interest of justice but surely in accordance with law that the petitioner should be meted out with the same treatment as his co-accused has given. Resultantly, the instant petition is allowed and the petitioner Muhammad Ashraf is admitted to post arrest bail, subject to their furnishing bail bonds in the tune of
Rs. 1,00,000/- (Rupees one hundred thousand only), with one surety, in the like amount to the satisfaction of learned trial Court.
(A.A.K.) Bail allowed
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