Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 379/148/149/337-A (iii)/H/(ii)--Bail--Grant of--Prayer for--Rule of consistency--Held: Rule of consistency is always taken into consideration by Courts since long because a person cannot be denied for grant of bail whose case was at par of an accused who had already been released on bail--Case of petitioner was at par with that of his co-accused persons who had already been allowed bail by Addl. Sessions Judge--Following rule of consistency, petitioner was also entitled to bail--Petitioner was admitted to bail--Petition accepted. 1979 SCMR 9, 1983 SCMR 124, PLJ 1999 Cr.C. (Lahore) 570 and 2008 SCMR 173, rel. THIS ORDER PASSED BY: SARDAR TARIQ MASOOD, JUSITCE---.--- Pir Bakhsh alias Peeran Ditta petitioner seeks bail after arrest in case FIR No. 215 dated 26.04.2009 registered under Sections 379/148/149/337-A(iii)/H(ii) PC at Police Station Shedani District Rahimyar Khan. 2. Briefly, the prosecution story as mentioned in the FIR is that 5 persons, out of which, one was armed with rifle, other was armed with .12 bore pistol and rest of three persons were armed with sticks attacked upon the complainant and caused him injuries with butt of rifle and blows with sticks. According to the complainant, he and the witnesses identified the petitioner, Ghulam Rasool, Zulfiqar and Abid out of those five persons. 3. Learned counsel for the petitioner contends that no specific role during the occurrence has been attributed to the petitioner and joint beating is alleged against the petitioner, Zulfiqar, Ghulam Rasool and Abid and one unknown person. Further contends that his co-accused namely Zulfiqar and Ghulam Rasool were released on bail by the learned Addl. Sessions Judge vide orders dated…

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