Haji MAHMOOD AND Another vs The STATE
This matter concerns a petition for leave to appeal against the dismissal of a bail application by the High Court in a murder case registered at Police Station Lalian, District Jhang. The petitioners, Haji Mahmood and Waqar Ahmad, were accused along with seven others of the murder of one Amir. The core legal question before the Supreme Court was whether the petitioners were entitled to the concession of bail pending trial. Upon hearing the arguments from both the petitioners' counsel and the Advocate-General, Punjab, the Court distinguished the cases of the two petitioners. The Court found no sufficient grounds to release the first petitioner, Haji Mahmood, on bail and consequently dismissed his petition. However, the Court exercised its discretion to grant bail to the second petitioner, Waqar Ahmad. The petition was converted into an appeal and allowed in respect of Waqar Ahmad, subject to the furnishing of bail bonds in the sum of Rs. 20,000 with two sureties. The judgment reinforces the principle that bail adjudication in criminal matters involves a distinct assessment of the individual circumstances and evidence pertaining to each accused person.
- Can the Supreme Court grant bail to one co-accused while refusing it to another in the same murder case?
- Is the grant of bail in a murder case subject to the individual assessment of the accused's circumstances?
ORDER
1. NASIM HASAN SHAH, J.-The petitioners alongwith 7 others are accused of the murder of Amir and in this connection a case has been registered against them on 29-7-1982 at Police Station Lalian, District Jhang. The apple--cation preferred on behalf of the petitioners for being enlarged on bail having been dismissed by the High Court, hence this petition for leave to appeal.
2. Notice was issued to the Advocate-General, Punjab and Mr. Muhammad Bilal has appeared on his behalf today and opposed the grant of bail to the petitioners.
3. After hearing learned counsel for both the parties we feel that no ground exists for releasing Haji.
4. Mahmood, Petitioner No. 1, on bail. Hence this petition is dismissed so far as Haji Mahmood, Petitioner No. 1, is concerned.
5. However, we are inclined to grant bail to Waqar Ahmad, Petitioner No. 2 herein. Consequently, this petition is converted into an appeal and allowed so far as Waqar Ahmad son of Ghulam Hussain (Petitioner No. 2 herein) is concerned. He shall be released on bail on furnishing bail in the sum of Rs. 20,000 with two sureties in the like amount to the satisfaction of the A. C. Chiniot.