Habib Ullah Jan and another vs The State through A.G. Kyber Pakhtunkhwa
This matter arises from a petition for leave to appeal filed by Habib Ullah Jan and another against the refusal of pre-trial bail by the High Court in a case involving a murderous assault arising from an outstanding land dispute, which resulted in multiple injuries to three victims as confirmed by medico-legal reports. The core legal question is whether the petitioners are entitled to post-arrest bail despite prima facie evidence connecting them to a violent crime falling within the prohibitory clause. The Supreme Court held that the High Court rightly declined bail as there were reasonable grounds connecting the accused to the offence and no further inquiry was warranted under the statutory bar. The key principle laid down is that where an accused is prima facie connected to a violent crime supported by medical evidence and spot recoveries, and the case falls within the prohibitory clause, discretion exercised by the High Court to deny bail will not be interfered with.
- Whether bail should be granted in a case of murderous assault where multiple injuries are supported by medical evidence?
- Does the statutory bar under Section 497 of the Code of Criminal Procedure 1898 impede the release of an accused facing a violent crime with reasonable grounds?
- Will the Supreme Court interfere with the High Court's discretionary refusal of bail when the order is judicially structured?
- Section 497, Code of Criminal Procedure 1898
ORDER
QAZI MUHAMMAD AMIN AHMED, J.---Habib Ullah Jan and Asif Ullah Khan arc amongst the accused arrayed in a case of murderous assault, lodged by Saad Ullah PW. It is alleged that on the eventful day, differently armed, they assaulted Kaleem Ullah, Saad Ullah and Riffat Ullah, in consequence whereof, each sustained multiple injuries, confirmed by medico legal reports. An outstanding dispute over a piece of land triggered the episode.
2. Having regard to the magnitude of violence endured by the witnesses, no less than three in number, prima facie, supported by medical evidence, statements of the witnesses and spot recoveries, the High Court having found reasonable grounds, standing in impediment to petitioners' release on bail in the absence of any consideration calling for further probe so as to circumvent statutory Mr embodied in section 497 of the Code of Criminal Procedure, 1898, declined the request, a conclusion arrived at in its discretion and. on our own analysis, found by us as intra vires being judicially structured, no interference is called for. Petition fails. Leave declined.
Cited by 1 case
- Abrar Ahmed Siddiqi vs The State 2022 PCRLJ 995