Pakistan Case Law
1982 SCMR 894(1)

NAZAR MUHAMMAD vs MUHAMMAD NAWAZ AND Other

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Citation1982 SCMR 894(1)
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Special Leave to Appeal No. 275 of 1981 Cr.
Date1981-08-21
Judge(s)M. S. H. Qureshi, Karam Elahi Chauhan
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This petition for special leave to appeal was filed by the complainant, Nazar Muhammad, challenging an order dated 23-5-1981 passed by the High Court, which had granted bail to the respondents, Muhammad Nawaz and Laloo, in a criminal case. The core legal question before the Supreme Court was whether the High Court exercised its judicial discretion properly in granting bail to the accused persons, or if there were grounds for the Supreme Court to interfere with that exercise of discretion. Upon reviewing the arguments presented by the learned counsel and examining the relevant orders and documents on the record, the Supreme Court held that the grant of bail is essentially a matter within the discretion of the High Court. The Court found that the High Court’s order was based on sound reasoning, and there was no evidence of misreading or omission of the record. Consequently, the Supreme Court determined that the High Court had not violated any legal principles, and thus, the petition lacked merit and was dismissed, refusing to interfere with the bail order.

Questions settled in this judgment
  • Is the grant of bail essentially a matter of discretion for the High Court?
  • Under what circumstances will the Supreme Court interfere with a High Court order granting bail?
  • Does the absence of misreading or omission of the record by the High Court justify the dismissal of a petition for leave to appeal against a bail order?
bailjudicial discretionspecial leave to appealcriminal procedureinterference with bail

ORDER

KARAM ELAHEE CHAUHAN, J.-The High .Court, vide its order dated 23-5-1981, passed in criminal miscellaneous No 1040-8/1.981, granted bail to (f) Muhammad Nawaz and (ii) Laloo, respondents herein. The petitioner Nazar Muhammad who is complainant in the case has come up in a petition for special leave to appeal against the same to this Court.

2. We have heard the learned counsel and gone through the relevant orders of the courts below and other documents placed by the learned counsel on record. The grant of bail, it is-obvious, is essentially in the discretion of the High Court and we do not find that the High Court has committed violation of any principle of law in the matter of grant of bail in cases of this type. The reasons given by the High Court are quite sound and suffer neither from any misreading nor omission of the record and in our opinion, in these circumstances, this is not a fit case for interference by this Court.

3. The result is that this petition has no merit and is dismissed hereby.

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