Law: Code of Criminal Procedure, 1898

Section: 497

Law: Pakistan Penal Code (PPC),1860

Section: 302 , 34

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, 1860 (XLV of 1860), Ss. 302 & 34--Tentative assessment--Rule of consistency--Post-arrest bail--Dismissal of--The complainant found the deceased lying on a charpai within the premises of his house, having sustained multiple visible injuries and was found dead--Incident occurred during the night at an unknown time--Delay in the lodging of the FIR, the same stands duly explained--He received a telephonic call from his father (now deceased), who informed him about an altercation involving the accused persons--FIR was lodged after the burial had taken place--Mere delay, in such circumstances, does not cast any doubt on the occurrence of the incident, nor can it be treated as a ground for grant of bail--The nature and extent of the incriminating material collected against the petitioner is materially different from that gathered against co-accused--Rule of consistency is not attracted in the present case--In cases falling within the prohibitory clause, the grant of post-arrest bail is restricted to the exceptions--Petitioner has failed to make out a case for the grant of bail--Petition is dismissed.                                                  [Pp. 121, 122, 123 & 125] A, B, C, D, F, G & K 2008 SCMR 1451; 2010 SCMR 966; 2010 SCMR 966 ref. Rule of Consistency-- ----Rule of consistency is applicable only when one person’s case is at par with the accused whose post-arrest bail has been…