Pakistan Case Law
2007 SCMR 1412

MUHAMMAD ASLAM and another vs THE STATE

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Citation2007 SCMR 1412
CourtSupreme Court of Pakistan
Case No.Crl.P.L.A. No,13-K of 2007
Date2007-03-01
Judge(s)Rana Bhagwandas and Abdul Hameed Dogar
Authored byRana Bhagwandas
Resultbail refused
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from a petition for leave to appeal directed against the order of the Sindh High Court, Sukkur Bench, which recalled the interim pre-arrest bail granted to the petitioners and declined to confirm the same in a criminal case. The core legal question concerns the propriety of declining pre-arrest bail to accused persons who are directly nominated in the first information report with specific active roles attributed to them and against whom the challan has been submitted. The Supreme Court of Pakistan held that where the petitioners are directly nominated and active roles of causing injuries are attributed, and no element of mala fide is apparent in the belated lodging of the first information report, the High Court exercises sound judicial discretion in refusing pre-arrest bail. The Court affirmed that the discretionary order of the High Court suffered from no illegality or arbitrariness. Consequently, the petition for leave to appeal was dismissed, and the petitioners were taken into custody to be produced before the trial court.

Questions settled in this judgment
  • Whether pre-arrest bail can be refused to accused persons directly nominated in the first information report with specific active roles attributed to them?
  • Does the High Court's exercise of discretion in recalling interim pre-arrest bail warrant interference by the Supreme Court in the absence of illegality or arbitrariness?
  • Is delay in lodging the first information report alone sufficient to establish mala fide for the grant of pre-arrest bail?
pre-arrest bailbail cancellationcriminal petitionleave to appealactive rolemala fide

ORDER

' RANA BHAGWANDAS, J.--- Petitioners seek leave to appeal against Sindh High Court, Sukkur Bench order, dated 12-1-2007 recalling interim pre-arrest bail order dated 3-10-2006 and declining to confirm the same.

2. Both the petitioners are directly nominated in the F.I.R. And active roles of causing Sota blows as well as injuries by means of backside of hatchet on the person of Mst, Waziran and Mst. Zubaida are attributed to them. The case has been challaned against them and, as per observation of the High Court, despite delay in lodging the F.I.R. No element of mala fide appears to exist on the fact of the record. The discretion exercised by the High Court in the matter of pre-arrest bail does not suffer from any illegality or arbitrariness, therefore, without commenting on the merits of the case in depth, we do not find any good ground for the grant of leave or to interfere with the exercise of discretion. Petition is, therefore, dismissed. Both the petitioners are taken into custody with the direction to produce them before the trial Court.

Cited by 6 cases

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