Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 365,337-L(2)

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 365 & 337-L(2)--Rule of consistency--Co-accused granted post arrest bail--Post Arrest Bail--Grant of--Section 365,, PPC, whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined--There is no specific role assigned to the petitioner--Two accused have already been granted post arrest bail by the Trial Court--Complainant conceded to the bail of Waqas and does not want to indict him for the charge--The FIR is silent regarding whether any ransom amount as paid or not--The role of the two accused that were granted bail is not dissimilar to the role assigned to the petitioner in general--Then the benefit extended to one accused should be extended to the co-accused--In all attending circumstances the case of the petitioner is of further inquiry--This criminal petition is converted into an appeal and allowed. [Pp. 173, 174 & 175] A, B, C, D, E & F 1979 SCMR 9; 2016 SCMR 18; PLD 2014 SC 760; PLD 1996 SC 241; PLD 2002 SC 572 ref. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Bail--Rule of consistency--The rule of consistency or doctrine of parity in criminal cases including bail matters encapsulates that where the incriminated and ascribed role to the accused is one. [P. 174] E Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Trial and bail--Object of a trial is to make an accused to face the trial and not to punish an under trial prisoner. [P. 175] F ORDER Muhammad Ali Mazhar, J.--By means of this Criminal Petition for leave to appeal the petitioner impugns the order dated 22.06.2022 passed by learned Lahore High Court in Criminal Misc. No. 31931-B/2022, whereby he was declined post-arrest bail in FIR No. 69/2021 dated 23.02.2021 lodged under Sections 365 and 337-L(2), P.P.C. at Police Station Sarai Mughal, District Kasur. 2. The genesis of the incident as narrated in the FIR is that, on 22.02.2021, that the complainant was coming back to his village on motorbike accompanied by Tanveer son of Mansha and Faisal son of Shah Muhammad on another motorbike and when they reached the vicinity of Kacha…

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