QADIR BAKHSH vs ALLAH WASAYO & others
This petition for leave to appeal arises from an order of the Sindh High Court, Sukkur Bench, which confirmed the interim pre-arrest bail granted to the respondents. The respondents were accused of committing qatl-i-amd in a criminal case but were placed in Column No. 2 of the charge sheet after the investigation concluded they were not involved. The investigation supported their plea of alibi, noting that both respondents were performing their official duties as a teacher and a peon, respectively, at the time of the incident. The core legal question was whether the High Court's discretion in granting pre-arrest bail to the respondents was exercised arbitrarily or in violation of legal principles. The Supreme Court dismissed the petition, holding that the High Court's exercise of discretion did not suffer from any legal infirmity or arbitrariness. The court affirmed the principle that it will not interfere with the High Court's discretion in bail matters unless such discretion is exercised in a manner not warranted by law or unsupported by the record, while noting the prosecution's liberty to seek recall of bail if incriminating evidence emerges.
- Under what circumstances will the Supreme Court interfere with the High Court's exercise of discretion in granting bail?
- Can the prosecution seek the recall of bail granted by the High Court if new incriminating evidence is discovered?
- Is a plea of alibi supported by investigation findings a valid ground for the confirmation of pre-arrest bail?
ORDER
Rana Bhagwandas, J.--Petitioner-complainant is aggrieved by Sindh High Court, Sukkur Bench order dated 8.3.2007, confirming interim pre-arrest bail granted to Respondents Nos, 1 & 2 vide order 27.3.2006.
2.Both the respondents alongwith co-accused Mukhtiar Ali, Qurban Ali, Ghous Bakhsh, . Abdul Ghafoor and Abdul Ghani were nominated for committing qatl-i-amd of deceased Abdul Hakim and Karlin Bakhsh, committed on or about 23.11.2005 at about 9.00 a.m. within the jurisdiction of Police Station 'B' Section, District Khairpur. After investigation, both the respondents were found to be not involved 'in the act, attributed to them. Their names were, accordingly, shown in Column No, 2 of the charge sheet. During the course of investigation, it transpired that respondent-Allah Wasayo was serving as a Seniors Teacher/Headmaster in a primary school whereas Khuda Bakhsh we serving as peon in another primary school and were present on duty of the date of incident. In view of plea of alibi raised by them, Investigatin Officer recorded the statements of as many as five teachers from both the schools and expressed his opinion that both the respondents 'were least concerned with the commission of the crime.
3. Both of them were admitted to pre-arrest bail by the High Court as aforesaid. After' notice to State as well as the complainant and hearing the parties' counsel, High Court vide impugned order has confirmed the bail granted to them The necessity to approach the High Court arose upon receipt of charge sheet against the accused persons by the trial Court and summons by the trial Court.
4. After hearing Mr. Nur-ud-Din Sarki, learned ASC for the petitioner, Dr. Qazi Khalid Ali, learned Additional Advocate General, Sindh, Investigating Officer Javed Hussain Farooqi and verifying the record of the High Court, we are of the considered opinion that the discretion in the matter of grant of bail in favour of respondents, exercised by the High Court, does not suffer from any legal infirmity or arbitrariness. It is well settled that this Court does not interfere with the exercise of discretion by the High Court unless it is shown to have been exercised in a manner not warranted by law or not supported by the record. We are, therefore, not inclined to disturb the order passed by the High Court. Should the prosecution find sufficient incriminating (evidence against the respondents, it would be at liberty to approach the 'trial Court for recall of the bail granted by the High Court.
5. This petition is, resultantly dismissed.