Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302/324/34---Constitution of Pakistan, Arts. 4 & 25---Qatl-e-amd, attempt to commit qatl-e-amd, common intention, right of individuals to be dealt with in accordance with the law, equality of citizens---Bail, grant of---Further inquiry--Rule of consistency---Scope---Abscon-dence of accused---Effect---Accused and co-accused persons were alleged to have launched an attack on the complainant party which resulted in a death and caused several injuries---Delay of two hours and fifteen minutes in lodging of F.I.R. was not explained properly and reason advanced by the complainant that he ran away due to fear and hence lost his way, did not appeal to a prudent mind---All accused persons were similarly charged---Co-accused, who had been assigned a similar role as that of the accused, was already released on bail---Principle of consistency was to be followed in order to maintain balance and the doctrine of equality before law as enshrined in Arts.4 & 25 of the Constitution---One of the co-accused had already been acquitted---Mere abscondence of accused could not be treated as a bar to his release on bail---Abscondence of accused by itself was not a pointer towards guilt of the accused---Case was one of further inquiry---Although challan against accused had been submitted but such fact could not be a bar to right of bail---Accused was released on bail. State v. Malik Akhtar Ahmad 1991 SCMR 322; Gul Khan v. State 1999 SCMR 304 and PLD 1989 SC 585 rel. JUDGMENT WAQAR AHMAD SETH, J.---Mukhtiar, accused/petitioner has applied for the grant of bail in case F.I.R. No.131 dated 31-1-2007 registered under sections 302/324/34, P.P.C. Police Station, Swabi after remaining unsuccessful in obtaining bail before the lower forum. 2. As per story of the prosecution, complainant while reporting the matter in casualty of Civil Hospital, Swabi alleged that he and his nephew, namely, Yasin on the eventful day came to the courts of Lahore and after making attendance over there, he along with his brother Bahadar Khan and said nephew proceeded to Swabi Adda in a Flying Coach and after de-boarding were…

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