ABDUL JABBAR AND OTHERS vs The STATE
This matter concerns a petition for leave to appeal against an order of the Lahore High Court, which refused bail to the petitioners in a criminal case registered under sections 307, 326, 324/149, and 148 of the Pakistan Penal Code 1860. The petitioners, charged with attacking the complainant and others with firearms and weapons, sought bail on the grounds of inordinate delay. The Supreme Court noted that the petitioners had improperly approached the High Court for bail while a petition for leave to appeal regarding the same matter was already pending before the Supreme Court. The Court held that such conduct was highly improper and that there was no compelling reason to justify the petitioners' actions. Furthermore, the Court found that the ground of delay was not applicable in the circumstances. Consequently, the Supreme Court affirmed the High Court's refusal of bail, emphasizing that the petitioners' conduct and the prior dismissal of their earlier petition by the Supreme Court precluded the grant of relief. Leave to appeal was refused.
- Is it permissible for a petitioner to approach the High Court for bail while a petition for leave to appeal regarding the same matter is pending before the Supreme Court?
- Does the ground of inordinate delay justify the grant of bail when the petitioner's conduct in seeking relief is found to be improper?
- Section 307, Pakistan Penal Code 1860
- Section 326, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
ORDER
1. SHAFIUR RAHMAN, J.-The two petitioners seek leave to appeal against an order of the Lahore High Court dated 27-11-1982 refusing them bail in a case registered at Police -Station Alipur Chatha, District Gujranwala vide F. I. R. No. 114 on 16-12-1981 under sections 307, 326, 324/149, 148, P. P. C.
2. The petitioners along-with four others were charged for-attacking with firearm, hatchet and Sotas, the complainant Syed Altaf Hussain Shah and others. And injuring them. In the first round the petitioners along-with two others sought bail and they were denied bail by the High Court. They filed a petition for leave to appeal in this Court and on the application for interim bail two of their companions were admitted to bail but the same was refused to the petitioners. Without waiting for the decision of the petition- for leave to appeal filed by them earlier The petitioners filed a fresh petition in the High Court the same month seeking bail on the ground of inordinate delay. Their petition for leave to appeal against the earlier order of the High Court was dismissed on 9-1-83 while the High Court denied the petitioners bail by the impugned order.
3. During the hearing of the petition we pointed out to the learned counsel the highly improper conduct of the petitioners in approaching the High Court in the matter of bail while their petition was already pending in this Court, There was no compelling or strong reason for their doing so The ground of delay was not at all in the circumstances attracted and the High Court rightly not made it the basis for grant of bail. We fin that in view of the earlier rejection of the petition on 9-1-83 by this Court there is hardly any case for the petitioner to seek bail. Leave to appeal is, therefore, refused.