MUHAMMAD NASAR vs MUHAMMAD ARSHAD AND ANOTHER
This matter concerns a petition for special leave to appeal against an order of the Lahore High Court, which dismissed the petitioner's application for the cancellation of bail granted to the respondent, Muhammad Arshad. The respondent was accused of involvement in a murder case registered under Section 302/307/34 of the Pakistan Penal Code 1860, specifically for allegedly holding the deceased to facilitate the infliction of fatal injuries by co-accused. The core legal question was whether the respondent's alleged vicarious liability warranted the cancellation of his bail. The Supreme Court held that the lower courts exercised their discretionary jurisdiction appropriately in granting bail. The Court found no factual or legal error in the High Court's refusal to cancel the bail, noting that the lower courts had considered the specific circumstances and the nature of the allegations. The petition was dismissed, affirming that the High Court did not violate any legal principles applicable to criminal cases of this nature in maintaining the respondent's release on bail.
- Does the allegation of holding a deceased person to facilitate an attack by co-accused automatically necessitate the cancellation of bail?
- Is the exercise of discretionary jurisdiction by lower courts in granting bail subject to interference by the Supreme Court absent a legal or factual error?
- Section 302, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
KARAM ELAHEE CHAUHAN, J.-Muhammad Arshad was granted bail in a case registered against him and three others as per F. I. R. No. 132 dated 21-3-1979 under section 302/307/34, P. P. C. For having murdered Aftab alias Bila and for having caused injuries to Muhammad Asghar P. W.
According to the prosecution there were involved four accused in this case, namely Muhammad Afzal, Muhammad Ajmal, Muhammad Bashir and Muhammad Arshad (present respondent). The first three were armed with a chhuri each whereas respondent Muhammad Arshad was empty- handed and the sole allegation against him was that he kept holding the deceased so as to facilitate the infliction of injuries on him by ethers. Muhammad Arshad applied for bail which was granted to him by the learned Sessions Judge by his order dated 24-5-1979.
2. The petitioner (complainant) filed Criminal Miscellaneous Application No.1922-B /1979 for, cancellation of bail of Muhammad Arshad but without any success as the same was dismissed by a learned Single Judge of the Lahore High Court on' 10-6-1979.
3. The petitioner/complainant has come up in a petition for special leave to appeal against the same and has repeated the same-prayer which he made in the High Court viz. That the bail of the respondent should be cancelled.
4.Learned counsel argued that Muhammad Arshad respondent would be vicariously liable for an offence under section 302/34, P. P. C. For havin held the deceased in a japha and for having facilitated the infliction of blows on him by the other accused. The two Courts below attended to this aspect but on the peculiar facts and the circumstances of the present case, in the exercise of their discretionary jurisdiction were not prepared to refuse the privilege of bail to the aforesaid accused. We have gone through the location of injuries on the person of the deceased and without expressing any opinion on the merits of the case vis-a-vis the respondent all that we need observe is that in the circumstances .The High Court committed neither any factual nor any legal error and nor violated any principle of law applicable to criminal cases of this type in releasing the respondent on bail.
5. The result is that this petition has no merit and is dismissed.
Cited by 3 cases
- FEROZUDDIN through Attorney and anothers vs II-ADDITIONAL DISTRICT 2010 YLR 874
- MUHAMMAD FARID and anothers vs THE STATE 1999 MLD 2570
- BAHRAM KHAN vs MENTHAR And Another 1986 P Cr. L J 1971