SURKHRU vs The STATE
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal against the refusal of bail by the High Court in a criminal case. The petitioner is facing a murder charge, with the First Information Report specifically attributing the fatal gunshot to the deceased Ghulam Hussain to the petitioner. The core legal question is whether the petitioner is entitled to post-arrest bail given the direct and specific allegation of murder. The Supreme Court held that the High Court rightly refused to grant bail considering the grave nature of the allegation and the specific role attributed to the petitioner in the First Information Report. Consequently, the petition for leave to appeal was dismissed, affirming the principle that where an accused is directly nominated with a fatal blow in a murder case, bail is ordinarily refused unless exceptional grounds for further inquiry are established.
- Whether an accused directly charged with a fatal gunshot in the First Information Report is entitled to post-arrest bail?
- Under what circumstances can the Supreme Court interfere with a High Court's order refusing bail in a murder case?
1. SAJJAD AHMAD, J. The petitioner is facing a murder charge along with some other accused persons. As stated in the High Court's order, the F. I. R. Mentions that it was the petition who had fired his gun at Ghulam Hussain deceased, killing him on the spot. In this view of the matter, the High Court has rightly refused to allow bail to the petitioner and we see no valid ground to interfere.
2. The petition is dismissed.