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Petitioner: MEHBOOB-UL-HASSAN VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Fazal Karim, Muhammad Rafique Tarar Title: MEHBOOB-UL-HASSAN vs THE STATE Case No.: Criminal Petition for Leave to Appeal No, 206/L of 1994 Date of Judgment:1994-08-07 Reported As: 1995 SCMR 1013 Result: Leave refused
JUDGMENT
JUDGMENT ' MUHAMMAD RAFIQ TARAR, J---Mehboob-ul-Hassan petitioner, a police constable, seeks leave to appeal from the order of a learned Single Judge of the Lahore High Court dated 8-5-1994 whereby his bail application in a case under section 392 of the P.P.C. Registered at Police Station Misri Shah, Lahore vide FIR No, 79 dated 7-2-1994 was dismissed. 2. Learned counsel for the petitioner contends that the petitioner is not named in the FIR and his named co-accused Farooq was admitted to bail by the Allaqa Magistrate, therefore, in view of principle of consistency the petitioner is also entitled to the same concession. 3. After considering the above submission in the light of material available on the record we do not consider it a fit case for interference by this Court. Co-accused Farooq was allowed bail on the ground that nothing was recovered from him and the complainant had sworn an affidavit to the effect that he was innocent and had been named in the FIR by the police. The petitioner was correctly identified at an identification parade and the robbed property was recovered from him. Consequently this petition fails and is dismissed.