Law: Code of Criminal Procedure, 1898

Section: 497

Law: Pakistan Penal Code (PPC),1860

Section: 302, 148, 149, 34

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, 1860 (XLV of 1860), Ss. 302, 148, 149 & 34--Bail--Rule of consistency--It is a settled principle of law that rule of consistency is not to be applied mechanically, but is to be determined on basis of role, participation, and culpability of each accused in commission of offence.       [P. 543] A 2023 SCMR 1068 & 1998 SCMR 49. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Bail--Dismissal of--Role of lalkara--The Hon’ble Supreme Court of Pakistan declined post-arrest bail to an accused attributed role of lalkara.                                     [P. 543] B PLD 1967 SC 340. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, 1860 (XLV of 1860), Ss. 302, 148, 149 & 34--Bail, dismissal of--Role of lalkara--The post-arrest bail was refused to an accused who was assigned accusation of shouting Malkara in a murder occurrence--The specific and active role attributed to petitioner, corroborative ocular and medical evidence, commanding nature of lalkara raised by petitioner in backdrop of his position of dominance over co-accused, and settled principles governing grant of bail in cases involving heinous offences, this Court is of considered view that case does not call for concession of bail at this stage--The petitioner has failed to bring his case within ambit of further inquiry or to demonstrate any ground warranting exceptional relief--Bail application is dismissed.                                                                           [Pp. 543 & 544] C & D 1996…