MUHAMMAD HUSSAIN SHAH ETC. vs BASHIR AHMAD AND ANOTHER
This matter concerns a petition for special leave to appeal against the cancellation of bail by the High Court. The petitioners were originally granted bail by the Sessions Judge in a case involving charges under sections 302, 307, 148, and 149 of the Pakistan Penal Code 1860. The High Court subsequently cancelled this bail on the grounds that, while released, the petitioners murdered one prosecution witness and injured another in the pending case. The petitioners contended that one of them was not named in the initial First Information Report. The Supreme Court observed that multiple witnesses had implicated both petitioners during the police investigation. The Court held that the murder and injury of prosecution witnesses in the pending case created a clear risk of intimidation to the remaining witnesses. Consequently, the Supreme Court affirmed the High Court's decision, ruling that the cancellation of bail was justified due to the petitioners' conduct while on bail, which threatened the integrity of the ongoing trial proceedings.
- Is the cancellation of bail justified when an accused person murders or injures prosecution witnesses while released on bail?
- Does the failure to name an accused in the First Information Report preclude the cancellation of bail if subsequent investigation implicates them?
- Section 302, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
' ASLAM RIAZ HUSSAIN, J.-Muhammad Hussain and Fateh Muhammad petitioners are accused along with some others under section 302/307/148/149, P. P. C. They were granted bail by the learned Sessions Judge but the same was cancelled by a learned Single Judge of the High Court vide the impugned judgment dated 20th of May, 1979, on the ground that after being released on bail in the aforementioned case they had murdered Ulfat, one of the prosecution witnesses in the said case and injured Ali Sher, another prosecution witness in the same case. Feeling aggrieved they have filed the present petition for special leave to appeal.
2. The main contention urged by the learned counsel for the petitioner was that Fateh Muhammad respondent No, 2 has not been mentioned as an accused in the F. I. R. In the case under section 302, P. P. C. That may be so but four witnesses including Ali Sher the injured P. W. Have implicated Fateh Muhammad as well as Muhammad Hussain petitioners in their statements recorded by the police during the investigation. The fact that one of the P. Ws. In the case under section 307, P. P. C.
Has been murdered while another has been injured is bound to result in the intimidation of the A remaining P. Ws. In that case.
' We are therefore of the view that the learned High Court Judge was justified in cancelling the petitioners' bail. The present petition is consequently dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.