MUHAMMAD AKRAM vs ZAHID IQBAL and others
This petition for leave to appeal is directed against the order of the Lahore High Court whereby bail was granted to the respondents in a criminal case registered under sections 302, 148, and 149 of the Pakistan Penal Code 1860. The core legal question concerns whether the High Court's order granting bail was patently illegal, erroneous, or had resulted in a miscarriage of justice warranting interference by the Supreme Court, and whether bail once granted should be cancelled when the trial is about to commence. The Supreme Court held that for the cancellation of bail, strong and exceptional grounds are required, and the Court ordinarily does not interfere with a High Court's bail-granting order in murder cases, particularly when the charge has been framed and trial is about to commence. Finding that the High Court granted bail for valid and cogent reasons, the Supreme Court dismissed the petition and declined leave to appeal, directing the trial court to conclude the trial expeditiously. The key principle laid down is that strong and exceptional grounds are necessary for the cancellation of bail, and the Supreme Court will not interfere with a discretionary order of bail passed by the High Court unless it is patently illegal or results in a miscarriage of justice.
- What grounds are required for the cancellation of bail by the Supreme Court?
- Whether the Supreme Court will interfere with an order of the High Court granting bail in a murder case when the trial is to commence?
- Is a bail-granting order open to exception if it is based on valid and cogent reasons?
- Section 302, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
' IJAZ-UL-HASSAN KHAN, J.--- Leave to appeal is sought against the order of Lahore High Court, Lahore dated 26-9-2007 passed in Criminal Miscellaneous No,466/B of 2007, granting bail to respondents in case F.I.R. No,663 of 2006 dated 5-10-2006 registered under sections 302/148/149, P.P.C. At Police Station Saddar Raiwind, District Kasur, at the instance of complainant Muhammad Akram, brother of Sagheer Ahmad deceased.
2. The facts of the case have been mentioned elaborately in the order impugned, hence reproduction whereof, would be of no use.
3. Rana Muhammad Arif, learned counsel for the petitioner, in support of petition for cancellation of bail, contended that sufficient material was collected during the investigation of the case, connecting the respondents with the commission of crime; that specific role of firing has been attributed to respondents, and that High Court has gone deep and highlighted merits of the case in detail, prejudicing the case of the petitioner.
4. On the contrary, learned Deputy Prosecutor-General, refuted the contentions of learned petitioner's counsel and supported the impugned order forcefully.
5. It needs no reiteration that for cancellation of bail, strong and exceptional grounds are required.
This Court ordinarily does not interfere with the order of the High Court relating to bail particularly in case of murder when the trial is to commence so as to avoid discussion and remarks on the merits of the case. It is to be seen as to whether order granting bail is patently illegal, erroneous, factually incorrect and has resulted in miscarriage of justice. Considering the case of respondents, on the above touchstone, we are of the view that the High Court has granted bail to respondents for valid and cogent reasons which are not open to legitimate exception. The charge has been framed and trial is to commence as such cancellation of bail at this stage will not be desirable. The petition is dismissed and leave is declined. However, learned trial Court shall conclude the trial as expeditiously as possible not exceeding three months, without being influenced by the observations made in bail granting order.
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