NAZIR Alias JEERA vs THE STATE
This matter arises from a petition for leave to appeal against the dismissal of the petitioner's second bail petition by the Lahore High Court in a case concerning Zina. Earlier, bail granted to the petitioner by an Additional Sessions Judge was cancelled on the grounds that a previous order of the High Court was suppressed from notice and that there was an uncontroverted assertion of an attempt to suborn the evidence. The core legal question was whether interference was warranted against the refusal of bail where attempts were made to mislead a court of law. The Supreme Court of Pakistan held that no justification existed for interference with the lower orders refusing bail, as the petitioner had attempted to mislead a court of law. The key principle laid down is that attempting to mislead a court of law or suborn evidence disentitles an accused person to the discretionary relief of bail.
- Whether bail can be cancelled if a previous adverse order by the High Court was not brought to the notice of the bail-granting court?
- Does an attempt to suborn evidence constitute a valid ground for the refusal or cancellation of bail?
- Will the Supreme Court interfere with the High Court's refusal to grant bail when an accused has attempted to mislead a court of law?
ORDER
1. MUHAMMAD AFZAL ZULLAH, J.-Leave to appeal has been sought from order, dated 4-3-1981, whereby the second petition for bail of the petitioner in a case of Zina was dismissed by a learned Single Judge of the Lahore High Court. Earlier, bail granted to the petitioner by a learned Additional Sessions Judge was cancelled on two grounds "(1) That a previous order passed by the High Court was not brought to his notice ; and
(2) There was an uncontroverted assertion that the petitioner had attempted to suborn the evidence."
2. After hearing the learned counsel for the petitioner, we do not find any justification for interference with the orders whereby the petitioner was refused the concession of bail because an attempt was made to mislead a Court of law. This petition accordingly is dismissed.
3. S. A. H.
Cited by 4 cases
- SHAKIR NAWAZ CHAUDHRY vs SARFA RAZ KHAN And Others 2011 YLR 50
- SHAH GULZAM and another vs THE STATE 1989 P Cr. L J 2395
- GHULAM MUHAMMAD AND ANOTHER vs MAQSOOD HUSSAIN AND 3 OTHERS 1984 SCMR 1142
- MUHAMMAD ABDULLAH AND ANOthers vs Syed MUHAMMAD RAZA ZAIDI AND ANOTHER 1982 CLC 1201