Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 324, 427 & 34---Constitution of Pakistan, Art. 201---Attempt to commit qatl-i-amd; mischief causing damage to the amount of fifty rupees; common intention---Bail, grant of---Consistency, rule of---Applicability---Rule of consistency not applied by lower court---Constitutional duty of the subordinate judiciary to follow precedent of superior Courts emphasized by High Court---No one had sustained any injury in the alleged incident---Co-accused person, whose case was not on different footing from that of the present accused, had already been granted bail by the court below---Present accused was, therefore, also entitled to bail on basis of the rule of consistency---Accused had specifically agitated the applicability of the rule of consistency before the Additional Sessions Judge, but there were no findings of the court on the said ground---Court below, while passing a cyclostyle order regarding rejection of bail, had rejected the bail application of the present accused, without caring and following the of the High Court (whereby, the co-accused had been granted bail)---Court below, having decided to decline bail to the present accused, at least, should have differentiated his case from that of the co-accused, but no such findings had been given in the impugned bail refusing order---High Court observed that such illegal practice would not be repeated in the future by the subordinate judiciary---Bail application was allowed accordingly. (b) Constitution of Pakistan--- ----Art. 201---Decision of High Court binding on subordinate courts---Judgments of the superior courts, under the Constitution, being binding on the subordinate courts, are to be followed as precedents strictly in cases having identical facts and circumstances---Deviation from s of superior courts, on one hand, would be against the very spirit of the Constitution, and on the other hand, the same would increase the burden of cases on the superior courts. THIS JUDGMENT DELIVERED BY: ASSADULLAH KHAN CHAMKANI, JUSTICE:---.--- Petitioner Abdullah Khan alias Amanat, seeks bail in case FIR No.375 dated 23.06.2015,…

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