KAZIM ALI vs State Ss — 2021 SCMR 2086 SUPREME-COURT

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KAZIM ALI VS State Ss. 337- F(v), 337-F(i), 337-F(ii), 337-a(i), 337-H(2), 354, 452, 427, 148 & 149---Constitution of Pakistan, art. 185(3)---House trespass, causing injuries to inmates of house, beating womenfolk and children, setting personal property on fire---Pre-arrest bail, grant of----Delay of four days in lodging the FIR was not explained plausibly by the prosecution---as per the contents of the crime report, seventeen persons were nominated in the crime report, out of which four co-accused persons, whose roles could not be distinguished from present accused persons, were granted post-arrest bail, and the complainant did not challenge such grant of bail---Furthermore there was a counter version of the occurrence which was recorded by the local police regarding the same occurrence---In such circumstances Trial Court after recording of evidence would decide about the guilt or otherwise of the accused persons---Prima facie, there were sufficient grounds to take into consideration that the case of the accused persons called for further inquiry into their guilt---Petition for leave to appeal was converted into appeal and allowed, and accused persons were admitted to pre-arrest bail. Citation Name: 2021 SCMR 2086 SUPREME-COURTBookmark this Case KAZIM ALI VS State Ss.337-F(v), 337-F(i), 337-F(ii), 337-a(i), 337-H(2), 354, 452, 427, 148 & 149---Constitution of Pakistan, art. 185(3)---House trespass, causing injuries to inmates of house, beating womenfolk and children, setting personal property on fire---Pre-arrest bail, grant of---Rule of consistency---Seventeen persons were nominated in the crime report, out of which four co-accused persons, whose roles could not be distinguished from present accused persons, were granted post-arrest bail, and the complainant did not challenge such grant of bail---When it was an admitted fact that the role ascribed to a large number of accused was of general nature which could not be distinguished from each other, and if four out of seventeen persons had already been granted post-arrest bail, any order by the Supreme Court on any technical ground that the consideration for pre-arrest bail and post-arrest bail were entirely on different footing, would be only limited up to the arrest of the accused persons because of the reason that soon after their arrest they would be entitled for the concession of post-arrest bail on the plea of consistency---Petition for leave to appeal was converted into appeal and allowed, and accused persons were admitted to pre-arrest bail.

KAZIM ALI vs State Ss — 2021 SCMR 2086 SUPREME-COURT

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