Law: Pakistan Penal Code (PPC),1860

Section: 462-I,322

Tagline : (1) While considering the grounds for bail, the gravity of the offence is not sufficient, when the evidence produced by the prosecution creates doubts (2) Concept of further inquiry (3) Rule of parity denotes like cases should be treated alike.

Summary

The petitioner was granted pre-arrest bail in a case involving alleged illegal use of electricity poles causing electrocution of a child. The Court applied the rule of parity since co-accused with similar roles had already been granted bail and found that the prosecution’s evidence raised doubts requiring further inquiry. The Court held that the gravity of the offence alone is not enough to deny bail when evidence is tentative. The petition was converted to an appeal and bail was confirmed with conditions to cooperate in investigation and trial.

Core Points

• Petitioner granted pre-arrest bail in FIR under Sections 462-I and 322 PPC.
• Allegations: illegal electricity use causing electrocution of a child.
• Co-accused with similar roles already granted bail.
• Rule of parity applied: like cases to be treated alike.
• Further inquiry doctrine: tentative doubts in prosecution evidence support bail.
• Gravity of offence alone cannot deny bail.
• Bail confirmed with conditions to cooperate in investigation and trial.
• Bail order observations are tentative and do not prejudice trial merits.

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