Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Constitution of Pakistan, 1973

Section: 4,9,10A,25,185(3)

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Constitution of Pakistan, Articles 4, 9, 10A, 25 & 185(3)---Bail---Rule of consistency---Benchmark for applying the rule of consistency in granting bail to an accused stated. The rule of consistency applied in bail matters is premised on the fundamental right to equality before the law guaranteed under Article 25 of the Constitution of Pakistan. This right to equality before the law ensures that persons similarly placed in similar circumstances are to be treated in the same manner. In other words, among equals the law should be equally administered; the like should be treated alike. Article 25 of the Constitution does not prohibit different treatment to persons who are not similarly placed or who are not in similar circumstances. To claim equality before the law an accused person must therefore show that he and his coaccused who has been granted bail are similarly placed in similar circumstances. In other words, he must show that the prosecution case, as a whole, against him is at par with that against his co-accused who has been granted bail, and not distinguishable in any substantial aspect. The rule of consistency is also pillared on Articles 4 and 10A of the Constitution ensuring that level playing field and fairness is maintained in adjudicating cases of co-accused. The right to liberty under Article 9 of the Constitution has to be extended fairly and without discrimination to an applicant seeking bail. The rule of consistency in bail matters is fundamental to ensuring fairness, reducing arbitrary decision-making, and maintaining public confidence in the criminal justice system. It's a key aspect of the rule of law, ensuring that all individuals are treated equally under the law. Fida Hussain v. State PLD 2002 SC 46; Abdul Jalil v. N.W.F.P. Forest Development Corporation 2010 SCMR 1933 and Tariq Nawaz v. Government of Pakistan 2001 PLC (C.S.) 57 ref. The rule of consistency in bail matters is attracted and applied after the grant of bail to a co-accused. Grant of bail by a court considers several factors like the contents of the FIR, the incriminating material collected by the police during…

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