15/09/2026
2026 YLR 2196
Bail, grant of---Further inquiry---Rule of consistency---Allegation against the petitioner was that he being Branch Manager in connivance with co-accused and other bank officials/co-accused, opened and operated a fake/bogus bank account in the name of father of co-accused with mala fide intentions---Record showed that co-accused had been extended the premium of pre-arrest bail by the Trial Court---Co-accused of the present petitioner, who was step son of aggrieved person, had already been admitted to post arrest bail in this case by the High Court---It was not disputed that the case of the present petitioner was not in any manner dissimilar to or distinguishable from the case of the said co-accused person---In such circumstances, there was no reason why the present petitioner might not be treated in the same manner in the matter of bail as his co-accused person who had already been admitted to bail---Principle of consistency was to be followed in order to maintain balance and the doctrine of an equality before law as enshrined in Arts. 4 and 25 of the Constitution of Islamic Republic of Pakistan, 1973, thus, the role of co-accused person was at par with the present petitioner, therefore, the petitioner was entitled to the same relief under the doctrine of parity---Entire prosecution case was based upon documentary evidence which was already in possession of the prosecution and as such there was no chance of tampering with the same therefore, in the circumstances, no useful purpose shall be served by keeping the petitioner behind the bars---Moreover, when accused becomes entitled for grant of bail as a matter of right, then he cannot be declined such relief due to abscondance which is matter of propriety---Further, it is better to err in granting bail than to err in refusal because ultimate conviction and sentence can repair the wrong resulted by a mistaken relief of bail