Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497--- National Accountability Ordinance (XVIII of 1999), S. 31-A---Corruption and corrupt practices---Bail, grant of---Rule of consistency---Prosecution case was that principal accused got registered five vehicles in favour of accused-petitioner and co-accused on the basis of fake documents of purchase in auction and assessment sheets---Said act of principal accused was violation of codal formalities and Standing Orders of the Board of Revenue---Investigation was initiated against the accused-petitioner and co-accused but they absconded---Accused-petitioner and co-accused were recommended to be tried for an offence defined as corruption and corrupt practice---Accused-petitioner and co-accused after being declared proclaimed offenders had been convicted under S.31-A of the National Accountability Ordinance, 1999 and sentenced to imprisonment for three years---Record showed that co-accused was admitted to bail by High Court and his conviction was set aside with direction to the Trial Court to frame separate charge under S. 31-A National Accountability Ordinance, 1999---While passing conviction against the accused-petitioner neither any separate charge was framed against him nor any evidence was led by prosecution to establish that he was intentionally avoiding the service of process of the court thereby committed offence under S. 31-A National Accountability Ordinance, 1999---Accused-petitioner was not convicted according to law because the pre-requisites of fair trial were not provided to him---Admittedly, co-accused was admitted to bail by High Court after setting aside his conviction in absentia, therefore, principle of equity demands that alike shall be treated alike---Regardless of the merits of the case on basis of absconsion alone, accused-petitioner could not be denied the concession of bail;, particularly when it was yet to be determined as to whether any notice was ever served upon him or the accused-petitioner intentionally evaded justice and avoided to appear before the Trial Court---Accused-petitioner was admitted to bail in view of principle of consistency. Arbab Khan's case 2010 SCMR 755 rel. THIS…

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