Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 380,411

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 380/411---Theft---Bail, grant of---All co-accused having similar allegations, had already been granted bail by the Trial Court and role of accused was at par with them and was not distinguishable in any respect---Merely denying bail to an accused on the fact that he had been involved in many criminal cases and was a history. sheeter, would not be justified for the reason that until and unless accused was convicted by the court of law, relief should not be denied to him---Since the case of accused was at par with that of co-accused, who had already been granted bail,' rule of consistency demanded that accused should also be released on bail---Accused was admitted to bail, in circumstances. THIS ORDER PASSED BY: KHURSHID ANWAR BHINDER, J.--- The petitioner seeks post-arrest bail in case F.I.R. No.35/2008 dated 2-2-2008, registered under sections 380, 411, P.P.C. at Police Station Kot Sultan, District Layyah. 2. Precise allegations against the petitioner are that he along with his accomplices had stolen buffaloes belonging to the complainant and was liable to be tried under sections 380 and 411, P.P.C. 3. Learned counsel for the petitioner submits that Ghulam Akbar and Allah Diwaya, co-accused, having similar allegations have already been granted bail by the learned trial Court, therefore, rule of consistency demands that the present petitioner be also released on bail. He further submits that bail application of the present petitioner was dismissed by the learned Additional Sessions Judge solely on the ground that the petitioner being history sheeter and is involved in such-like criminal cases prior to this occurrence, which is not a valid ground for dismissing his bail application, as he has not been convicted in any criminal case. Section 411, P.P.C. is not attracted in the instant case. No recovery has been effected from him and the offence under which the petitioner is being tried does not fall in the prohibitory clause of section 497, Cr.P.C. therefore, case of the petitioner is…

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