Law: Criminal Procedure Code (V of 1898)

Section: 173,497

Law: Pakistan Penal Code, 1860

Section: 148,149,302,324,337-F(iii),337-F(v)

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 148, 149, 302, 324, 337-F(iii) & 337-F(v)---Qatl-i-Amd, attempt to Qatl-i-Amd, Mutalahimah, Hashimah and rioting armed with deadly weapons---Bail, grant of---Rule of consistency---Applicability---Petitioner was found innocent during investigation and sought bail on grounds that case to his extent was not proved during investigation---Validity---Despite remaining on physical remand with police for a considerable time, nothing incriminating was recovered by police from petitioner---Name of petitioner, was placed in column No. 2 of report under S.173, Cr.P.C.---Co-accused having identical role was already admitted to bail by Supreme Court---Petitioner, held, was also entitled to concession of bail on principle of rule of consistency---Bail was granted to petitioner, in circumstances. Brig. (Retd.) F.B. Ali and another v. The State PLD 1975 SC 506 and Muhammad Fazal alias Bodi v. The State 1979 SCMR 9 rel. THIS ORDER PASSED BY: SAYYED MAZAHAR ALI AKBAR NAQVI, J.--- Through the instant petition the petitioner seeks his post-arrest bail in case FIR No.339/2011, dated 03.10.2011, offence under Sections 302, 324,148, 149, 337 F(v), 337F(iii), P.P.C., registered with Police Station, Kaleki Mandi, District Hafizabad. 2. Facts of the case already stand mentioned in Crl. Misc. No.4070-B/2012, whereby bail petition of co-accused of the petitioner namely Zaheer Akram, was dismissed by a learned single Bench of this Court in terms of order dated 19.04.2012, therefore, there is no need to repeat the same here. 3. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the instant case by the complainant against the actual facts and circumstances with ulterior motives. It is argued that despite remaining on physical remand with the police for a considerable period, nothing incriminating could be recovered from the petitioner. It is next argued that the accusations leveled in the crime report against the petitioner were found false and as such he was found innocent by the police after thorough investigation and his name was placed in column No.2 of the…

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