QADIR BAKHSH vs ALLAH WASAYO and others
This petition for leave to appeal was filed by the complainant against the order of the Sindh High Court, which confirmed the pre-arrest bail granted to the respondents. The respondents were accused of committing Qatl-i-Amd, but during the investigation, they were placed in column No. 2 of the charge sheet as they were found not involved. The Investigating Officer verified their plea of alibi, supported by statements from fellow teachers, confirming their presence at their respective workplaces during the incident. The core legal question was whether the High Court exercised its discretion properly in granting and confirming pre-arrest bail based on the investigation findings. The Supreme Court held that the High Court's discretion did not suffer from any legal infirmity or arbitrariness. The Court affirmed that it does not interfere with the High Court's exercise of discretion unless it is shown to be unwarranted by law or unsupported by the record. Consequently, the petition was dismissed, with liberty granted to the prosecution to approach the trial court if sufficient incriminating evidence emerges later.
- Does the Supreme Court interfere with the High Court's exercise of discretion in granting bail if it is not shown to be arbitrary or unwarranted by law?
- Can the prosecution seek the recall of bail granted by the High Court if sufficient incriminating evidence is subsequently discovered?
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 and 2 vide order 27-3-2006.
2. Both the respondents along with 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 Karim 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 Senior Teacher/Headmaster in a primary school whereas Khuda Bakhsh was serving as peon in another primary school and were present on duty on the date of incident. In view of plea of alibi raised by them, Investigating 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 Advocate Supreme Court 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.
Cited by 3 cases
- Mst. SHAMIM KHATOON Versus Syed SHAFIQUE AHMED 2018 PCrLJ 650
- MUHAMMAD ASLAM Versus State 2010 PCrLJ 914
- MUHAMMAD HANEEF Versus State 2010 PCrLJ 390