--Rule of consistency--Post arrest bail--grant of--Co-accused of the petitioner having graver role has already been enlarged on bail by High Court--

 PLJ 2023 Cr.C. (Note) 260
[Lahore High Court Multan Bench]
Present: Muhammad Tariq Nadeem, J.
WAQAS ALI TAJAMAL--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 2740-B of 2023, decided on 26.4.2023.

Criminal Procedure Code, 1898 (V of 1898)--

----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302/324/353/186/ 427/34 & 13(2A) 20/65 A.O.--Rule of consistency--Post arrest bail--grant of--Co-accused of the petitioner having graver role has already been enlarged on bail by High Court--Complainant has failed to distinguish the case of the petitioner from the case of co-accused--Petition in hand is allowed and petitioner is admitted to post-arrest bail.      [Para 4] A

2021 SCMR 1263 ref.

Kh. Qaisar Butt, Advocate for Petitioner.

Mr. Adnan Latif Sheikh, DPG for State.

Mr. Sharjeel Arshad Khan, Advocate for Complainant.

Date of hearing: 26.4.2023.

Order

After dismissal of his post arrest bail by learned Additional Sessions Judge, Vehari vide order dated 14.04.2023, Waqas Ali Tajamal petitioner has filed this petition under Section 497, Cr.P.C. seeking post arrest bail in cross-version under Sections 322, 148, 149, PPC in case FIR No. 654 dated 16.09.2022 registered at Police Station Sadar, District Vehari for offences under Sections 302, 324, 353, 186, 427, 34, PPC and Section 13(2a)20/65.

2. As per brief allegations levelled in the FIR, in the intervening night of 15/16.09.2022 the petitioner along with his co-accused committed murder of Ali Liaqat son of the complainant. Hence this case.

3. Tripartite arguments heard and record perused.

4. Having heard learned counsel for the parties, it has been noticed that co-accused of the Petitioner Namely Haji Muhammad Younas having graver role has already been enlarged on bail by this Court vide Order dated 11.04.2023 passed in Crl. Misc. No. 1077-B of 2023. The learned DPG assisted by learned counsel for the complainant has failed to distinguish the case of the petitioner from the case of co-accused who has been granted bail and, thus, the petitioner is also entitled to the same relief on the golden principal of rule of parity as “Sauce for the Goose is sauce for the Gander”. A reference in this context may be made to the case of “Hussain Ahmed versus The State and others” (2021 SCMR 1263).

5. The upshot of the above discussion, is that petition in hand is allowed and petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs. 5,00,000/- with two sureties in the like amount to the satisfaction of learned trial Court/duty Judge.

(K.Q.B.)          Bail allowed