GUL ARAB vs ADAM KHAN AND 2 OTHERS
This petition for leave to appeal was filed against an order of the Peshawar High Court, which granted post-arrest bail to the respondents in a criminal case involving charges under Section 307 of the Pakistan Penal Code 1860. The petitioner challenged the High Court's decision, arguing that the nature of the firearm injuries sustained clearly established an offence under Section 307, rather than the lesser offence under Section 308 of the Pakistan Penal Code 1860 as suggested by the High Court. The core legal question was whether the High Court erred in its assessment of the evidence and the potential classification of the offence when exercising its discretion to grant bail. The Supreme Court of Pakistan dismissed the petition, holding that the grant of bail is primarily a matter of judicial discretion. The Court found that the High Court had provided sufficient reasons for its decision based on the material available on the record at that stage. Consequently, the Supreme Court declined to interfere with the High Court's exercise of discretion, affirming that appellate intervention is not warranted where the lower court has exercised its discretion reasonably.
- Is the grant of bail primarily a matter of discretion for the High Court?
- Under what circumstances will the Supreme Court interfere with the High Court's exercise of discretion in granting bail?
- Does the classification of an offence as falling under Section 307 or Section 308 of the Pakistan Penal Code 1860 require definitive determination at the bail stage?
- Section 307, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 308, Pakistan Penal Code 1860
ORDER
1. ' ANWARUL HAQ, C. J.-The petitioner is aggrieved by an order made by a learned Judge of the Peshawar High Court on the 30th of October, 1979, by which he has allowed bail to the respondents Alam Khan and Ahmad Khan in a case pending against them under section 307 of the Pakistan Penal Code read with section 34 thereof, for causing fire-arm injuries to the petitioner during the course of an incident which took place at 8.00 a. m. On the 28th of June, 1979.
2. ' The learned Judge has observed that the circumstances show that the occurrence had taken place all of a sudden ; and in the normal course of human conduct it is not conceivable that in the absence of any previons enmity or motive there should have been no prior altercation between the parties. He has further stated that it is possible that the offence, if any, committed by the respondents may fall under section "08 of the P. P. C., and this was a matter which would require consideration at the proper time.
3. ' In seeking leave to appeal against this order, it is submitted by Mr. Muhammad Younis Shah that from the nature of the injuries sustained by the petitioner it is evident that the case clearly fell within the ambit .Of section 307 of the P. P. C. As the shots fired at the petitioner had proved effective, as one shot had hit the petitioner on the outer aspect of the left shoulder and the second shot hit him at the root of the neck above the left shoulder. The learned counsel contends that in view of the nature of the injuries sustained by the petitioner, the High Court was clearly in error in thinking that the offence might fall under section 308 of the Penal Code.
4. After hearing the learned counsel for the petitioner we are of the that as the grant of bail was view a matter of discretion for the primarily Court, and it has given High exercise, this is not a fit case reasons for its our interference in the for circumstances. The view taken matter. In the the learned Judge was by material at present available on possible on the record.
5. ' Accordingly, this petition fails and is hereby dismissed.