Tuesday, 29 November 2016

Latest bail authority 506/2

Latest bail authority 506/2 (Mujjan Ali Panhwar)
---Ss.498 & 497---Penal Code (XLV of 1860), Ss. 506/2, 337-A(i), 337-F(iv), 147, 148, 149 & 504---Criminal intimidation; shajjah-i-khafifah; ghayr-jaifah/munaqqilah; rioting, intentional insult with intent to provoke breach of the peace; common object---Bail before arrest, grant of---Principles---Rule of consistency--- Applicability--- Co-accused had already been granted post-arrest bail by the trial Court---Case of present accused persons was on better footing than that of the co-accused, and the only difference was that the co-accused had been arrested and granted post-arrest bail, while the present accused were seeking pre-arrest bail---No useful purpose would be served if the pre-arrest bail was refused to the accused persons on any technical ground, as they, after arrest, would again be allowed bail on ground that the co-accused in similar circumstances had already been granted bail---Bail application was allowed accordingly.
Muhammad Ramzan v. Zafrullah and another 1986 SCMR 1380 rel.
2016 Y L R 2507
[Sindh (Sukkur Bench)]
Before Muhammad Iqbal Mahar, J
ZAMIR AHMED and 2 others---Applicants
Versus
The STATE---Respondent

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