Law:

Section:

Criminal Procedure Code (V of 1898) ---S. 497/498 Bail Principle of consistency Co accused attributed same role as that of petitioner released on bail Petitioner, held, should also be released on bail on principle of requirement of consistency in same case. ORDER NASIM HASAN SHAH, J. The petitioner seeks leave to appeal from the order dated 18 9 1978 of the Lahore High Court, refusing to release him on bail in a case under section 302/34, P. P. C. registered at Police Station Sadar, Kasur. On the basis of the First Information Report dated 13 7 1976 the petitioner and his co accused Shera were arrested on 15 7 1976 in connection with the murder of one Muhammad Munir. The petitioner was refused bail by the Sessions Judge and in the High Court his first and second application for bail (Cr. Misc. No. 4093/B of 1967 and Cr. Misc. No. 624/13 of 1978) were respectively dismissed by Mr. Justice Muhammad Rafiq on 31 10 1977 and 14 2 1978. In March, 1977, however, the co accused Shera moved an application for bail (Cr. Misc. No. 947/B of 1978) on which Mr. Justice Saad Saood Jan called for a report from the Sessions Judge and on its receipt admitted him to bail on the ground of delay in the trial which, according to the Sessions Judge, was not likely to commence before June, 1979. After the release of the co accused on bail, the petitioner moved his third application for. bail (Cr. Misc. No. 3508/B of 1978) before the High Court pressing into service the release on bail of the co accused by another Bench and contending that his case was identical with his. The learned Judge dismissed the application as in his view the…

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