1995 PLP 1155 (SCMR)

Rafiq Ahmed Bajwa, Advocate Supreme Court instructed by Tanvir Ahmed, Advocate‑on‑Record for Petitioner. Ch. Muhammad Aslam, Advocate‑on‑Record and M.AK Dogar, Advocate Supreme Court for Respondents Nos. 1 and

2. Kh. Shaukat Ali, Advocate Supreme Court for the State. Date of hearing: 5th July, 1994. MUHAMMAD RAFIQ TARAR, J.‑‑‑Muhammad Bashir petitioner complainant in case F.I.R. No. 115, dated 19‑4‑1989, Police Station Baghbanpura, Gujranwala City, under sections 148, 302 and 307/149 of the P.P.C., seeks leave to appeal from the order of a learned Single Judge of the Lahore High Court dated 14‑4‑1993 whereby Tauqir Hussain and Shabbir Hussain respondents/accused in the said case were admitted to bail. Co accused Mazhar was declined bail by the same order on the ground that he' "being injured, his participation is there".

2. Perusal of the impugned order reveals that the reason which weighed with the learned Single Judge for granting bail to the aforesaid respondents was that they were not injured during the occurrence "and their participation could be subject to determination at the trial".

3. Learned counsel for the petitioner contends that the mere fact that the respondents did not suffer any injury during the occurrence could hardly constitute a ground for the grant of bail nor it could form a basis for the observation that their participation was "subject to determination at the trial". He has pointed out that in the impugned order the learned Judge in Chambers, referring to the finding of innocence recorded by the Investigating Agencies, has observed that the police had done favour to the accused persons of this case, therefore, it was not at all a fit case for the grant of bail. On behalf of the respondents it is submitted that they were found innocent during successive investigations and their case if not on better footing is at par with that of Mazhar co‑accused who was allowed bail by this Court on the ground that he was declared innocent by the Investigating Agency.

4. We have considered the submissions made at the Bar in the light of material available on the record. Co‑accused Mazhar who was declined bail by the High Court was admitted to bail by this Court vide order dated 21‑6‑1993 passed in Criminal Appeal No.187 of 1993 on the ground that he was declared innocent by the Investigating Agency. The case of the respondents being at par with the principle of consistency would come to their rescue, therefore, we do not feel persuaded to interfere with the impugned order. Consequently this petition is dismissed. N.H.Q./M‑2220/S Leave refused.