WASEEM ULLAH vs THE STATE
This petition is directed against the order of the Lahore High Court whereby the petitioner's second application for post-arrest bail in a murder case registered under sections 148, 302, 324, 149, and 109 of the Pakistan Penal Code was dismissed. The core legal question before the Supreme Court was whether the petitioner was entitled to the concession of bail on the grounds of statutory delay in submission of the challan, juvenility under the Juvenile Justice System Ordinance, 2000, or the rule of consistency based on the release of co-accused. The Supreme Court held that the Lahore High Court was fully justified in refusing bail, noting that the occurrence took place in daylight, the F.I.R. was prompt, specific fire-arm injuries were attributed to the petitioner, a serious motive existed regarding the murder of an advocate, and the co-accused had been released because they were found innocent during investigation. The Supreme Court refused leave to appeal and dismissed the petition, laying down that heinous offences involving direct attribution of fatal injuries and strong prima facie evidence do not warrant bail merely on grounds of juvenility or the release of co-accused found innocent during investigation.
- Whether an accused is entitled to bail merely on the ground of being a minor under the Juvenile Justice System Ordinance, 2000 when directly charged with a capital crime involving firearm injuries?
- Does the release of co-accused who were found innocent during police investigation entitle another accused to bail under the rule of consistency?
- Is delay in the submission of the challan sufficient ground for the grant of post-arrest bail in heinous offences?
- Section 148, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Juvenile Justice System Ordinance, 2000
ORDER
' FAQIR MUHAMMAD KHOKHAR, J.---This petition isdirected against order dated 3-10-2002 passed by the Lahore High Court, Lahore in Criminal Miscellaneous No,5235/B of 2002.
2. The case F.I.R. No,340 of 2000 was registered on 26-11-2000 at Police Station Chhab Kalan, District Khanewal, under sections 148/302/324/149/109, P.P.C. Against the petitioner and others on the complaint of one Ijaz-ul-Haq for the murder of his brother Malik Muhammad Yousuf, Advocate and for causing a fire-arm injury on the person Abid Hussain. The' petitioner moved a Criminal Miscellaneous No, 818-B of 2002 for bail which was dismissed on 30-5-2002, by the Lahore High Court, Lahore as withdrawn. The petitioner again moved a Criminal Miscellaneous No,5235-B of 2002, which was dimissed by the Lahore High Court, Lahore by impugned order dated 3-10-2002.
3. The learned counsel for the petitioner argued that the petitioner was behind the bars since 26-11- 2000. It was submitted that, despite the directions of the High Court, the complete challan had not so far been submitted. At the time of occurrence, the petitioner was a minor boy of just over 15 years of age. He was, therefore, entitled to the concession of bail under the provisions of Juvenile Justice System Ordinance, 2000. The other co-accused Azizullah and Muhammad Anwar had already been released on bail.
4. We have .Heard the learned counsel for the petitioner at length. We find that the occurrence took place during the daylight. The F.I.R. Was lodged promptly at the Police Station. The petitioner is alleged to have caused fire-arm injuries on the person of the deceased Muhammad Yousaf, Advocate and Abid Hussain P.W. The police submitted challan before the trial Court on 12-7-2002.
According to the prosecution, the motive for occurrence was that Malik Muhammad Yousaf, Advocate had been conducting and pursuing the Court cases on behalf of the opposite party of the accused in the discharge of his professional duties. The other co-accused were released on bail as they were found innocent during the police investigation. In the facts and circumstances of the case, the Lahore High Court was justified in refusing to release the petitioner on bail in the murder case. No exception can be taken to the discretion so exercised by the High Court in the mattes '!'his is not a fit case for grant of leave to appeal.
5. For the foregoing reasons, we do not find any merit in this petition and the same is dismissed accordingly.
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