SIRTAJ ALI vs MOHABBAT ALI and others
This petition for leave to appeal was filed against the judgment of the Peshawar High Court, which had previously rejected the petitioner's application for post-arrest bail. The core legal question before the Supreme Court was whether, given the completion of the investigation and the specific facts of the case, the petitioner was entitled to the concession of bail. Upon reviewing the record and hearing arguments from both the petitioner's counsel and the Additional Advocate General, the Supreme Court observed that the investigation into the matter had concluded and the petitioner had been sent to face trial. Furthermore, the Court determined that the specific penal provision invoked, Section 439-F of the Pakistan Penal Code 1860, did not prima facie apply to the circumstances of the case. Consequently, the Court held that the petitioner was entitled to be released on bail. The petition was converted into an appeal and allowed, with the Court granting bail subject to the petitioner furnishing bail bonds of Rs. 100,000 with one surety to the satisfaction of the trial court.
- Is a petitioner entitled to bail once the investigation is complete and the accused has been sent to face trial?
- Does the completion of an investigation and the referral of a case to trial constitute sufficient grounds for the grant of bail?
- Section 439-F, Pakistan Penal Code 1860
ORDER
Iftikhar Muhammad Chaudhry, CJ.--This petition has been filed against the judgment dated 2.4.2012 of the Peshawar High Court where the bail application of the petitioner was rejected.
2. We have heard learned counsel for the petitioner and the learned Addl. A.G at some length and have also perused the record. We noted that investigation of the case has been completed and the petitioner has been sent to face trial and in the peculiar facts and circumstances of the case Section 439-F PPC does not prima facie attract, the petitioner deserves to be released on bail. This petition is converted into appeal and is allowed. The petitioner is granted bail subject to furnishing bail bonds of Ra.100,000/- with one surety in the like amount to the satisfaction of the trial Court.
Cited by 1 case
- QISMATULLAH vs The STATE 2014 YLR 372