Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 324/34--Bail, dismissed--Petitioner filed already bail application, which had been dismissed by Sessions Judge--He filed another application--Application was heard but no argument qua existence of cross case was taken up--There was reference to the existence of cross case before passing its order by High Court in earlier bail application--It shall be presumed that the ground of cross case was available but was neither taken up nor pressed, hence this will not be a fresh ground as for case of petitioner was concerned--Where a ground which was available to the present petitioner and the ground was in existence but not taken up and when in the bail application of co-accused, bail was allowed bail on the basis of cross case but facts and circumstances of two accused not exactly at par i.e. co-accused who was allowed bail by High Court was also injured but not the present petitioner, therefore, rule of consistency would not be applicable and as such petitioner was not entitled to grant of bail either on fresh ground or on the basis of principle of consistency--Bail dismissed. THIS JUDGMENT DELIVERED BY: TARIQ PARVEZ KHAN, CHIEF JUSTTICE---.--- Arif the present petitioner is accused in case FIR No. 610 dated 6.10.2007 of Police Station Khan Raziq Shaheed Peshawar. 2. Complainant Muhammad Fayaz reported the occurrence by stating that he was fired at by the petitioner, his brother Rasool Khan and their father Waris Khan. 3. Arif has been disallowed bail on merits by this Court in the first round on 9.9.2008 and he has repeated this bail application on the ground that as one of his similarly charged co-accused has been allowed bail, he is entitled to the grant of bail by pressing into service the principle of consistency. 4. It so happened that Waris a co-accused of the petitioner filed BA No. 1504 of 2008 and when his bail application was argued by the same learned counsel appearing for Arif petitioner, she for the first time argued that there is a cross case vide FIR No. 611 of even date. Said FIR was perused alongwith other record and it was found that Mst. Yasmeen wife of…

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