Law: Pakistan Penal Code (PPC),1860

Section: 302, 324, 337A, 337D, 337A(i), 337F(i)(ii)(v), 147, 148, 149, 15

Law: Khyber Pakhtunkhwa Arms Act, (XXIII of 2013)

Section:

REMARKS

Where the High Court has not favorably considered the case of two or more accused persons on a common ground and out of them, one has approached to the Apex Court against the order of the High Court and the Apex Court has favorably considered that ground in favor of such an accused then the co-accused, who has not approached to the Apex Court, could file a subsequent bail application before the competent Court on the fresh ground, which has accrued to such an accused person after passing of the judgment by the Apex Court.
2. A fresh ground for a subsequent bail application is to be considered that ground which was not available to the accused person at the time of filing of an earlier bail application rather available to him after the filing/ decision of the earlier bail application.
3. Any ground, available to an accused person at the time of filing of an earlier bail application but when the same has not been taken/ agitated in the earlier bail application then such ground could not be considered as a fresh ground.

Summary:Bail Consistency
The petitioner, accused in a murder case (FIR No. 494/2024), sought post-arrest bail on the fresh ground of the principle of consistency after the Supreme Court granted bail to co-accused with an identical role in the same incident. Initially, his bail was dismissed along with others, but after the Apex Court recognized the matter as a case of cross-version and allowed bail to co-accused, he reapplied. The High Court found his case identical to those already granted bail and allowed his petition, directing release on bail with sureties.