Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 497(2)---Penal Code (XLV of 1860), Ss. 302/364/324/148/149---Constitution of Pakistan, Art. 185(3)---Qatl-e-amd, kidnapping, attempt to Qatl-e-amd and rioting armed with deadly weapon---Bail, grant of---Rule of consistency---Applicability---Accused sought bail on the ground that his co-accused had already been released on bail---Validity---Accused was specifically named by one of the victims of assault who succumbed to injuries and died later---Case of accused was distinguishable from that of the one who had been allowed bail earlier---Trial had commenced and nine witnesses were examined---Supreme Court declined to grant bail to accused---Leave to appeal was refused. Malik Saeed Hussain, Senior Advocate Supreme Court for Petitioner. Ch. Z.A. Farooq, A.P.-G. for the State. Ali Abid, Advocate Supreme Court, S.M. Shah, Advocate Supreme Court and Mrs. Tasneem Amin, Advocate-on-Record for Respondents. Date of hearing: 6th June, 2011. ORDER TASSADUQ HUSSAIN JILLANI, J.---Petitioner seeks bail in a case registered vide F.I.R. No. 86 dated 26-2-2009 under sections 302/ 364/324/148/149, P.P.C. at Police Station City Toba, District Toba Tek Singh. 2. The prosecution story briefly stated is that on the fateful day and night the accused named in the F.I.R. armed with firearms, attacked the complainant party, in consequence of which, four persons lost their lives at the spot and one Adnan (injured) succumbed to the injuries and died later. 3. Learned counsel for the petitioner seeks bail on the ground that petitioner is not named in the F.I.R. and that the role attributed to him is that of…

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