Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), Ss.302/324/337-H(ii)/148/149---Qatl-i-amd and attempt to commit Qatl-i-amd---Dismissal of bail application as withdrawn---Counsel for accused persons having not pressed bail petition to the extent of one of the accused persons, bail application to the extent of said accused was dismissed as withdrawn. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Rule of consistency---Scope---Rule of consistency was always taken into consideration by the courts, because a person could not be denied for the grant of bail whose case was at par with, an accused who had already been granted bail---Courts had to give equal treatment to accused having one and the same role in the same case, even according to the Injunctions of Islam and Constitution of Pakistan, equality between a person was to be maintained and courts were always guardians for the right of people. Muhammad Fazal alias Bodi v. The State 1979 SCMR 9; Khadim Hussain v. The State 1983 SCMR 124; Manzoor Ahmad and others v. The State PLJ 1999 Cr.C. (Lahore) 570 and Muhammad Daud and another v. The State and another 2008 SCMR 173 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302/324/337-H(ii)/ 148/149---Qastl-e-amd and causing injuries---Bail, grant of---Further inquiry---Case of three accused persons, was at par with that of their three co-accused who had already been allowed bail by High Court---Even otherwise State Counsel and counsel for the complainant could not distinguish the role of said accused persons from the role of their co-accused---Record had revealed that accused persons were not named in the F.I.R. and they were implicated through supplementary statement---Subsequent statement of the complainant involving accused in the case would be deemed to be a false improvement which made the case of said accused persons to be of further inquiry--Accused persons , were entitled for the concession of bail on the principle of consistency and also on the ground that their case became of further inquiry---Other two accused persons though were alleged to be armed with fire-arm…

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