WAHID BAKSH Versus STATE
This matter arises from a petition for leave to appeal against the refusal of interim bail by the High Court to the petitioners, who had appealed their convictions and sentences under sections 148, 459, 366, and 323 read with section 149 of the Pakistan Penal Code. The core legal question concerns the propriety of granting interim bail pending an appeal against conviction where granting such relief would pre-empt the main subject matter of the appeal. The Supreme Court of Pakistan dismissed the petition, holding that granting interim bail under such circumstances is not feasible as it would pre-empt the appeal. The key principle laid down is that interim bail pending an appeal against conviction will generally be refused if it has the effect of pre-empting the central subject matter of the pending appeal.
- Whether interim bail can be granted by an appellate court when it would pre-empt the subject matter of the pending appeal against conviction?
- Does the refusal of interim bail by the High Court warrant interference by the Supreme Court when the appeal itself is awaiting hearing?
- Section 148, Pakistan Penal Code
- Section 459, Pakistan Penal Code
- Section 366, Pakistan Penal Code
- Section 323, Pakistan Penal Code
- Section 149, Pakistan Penal Code
ORDER
1. MUHAMMAD YAQUB ALI, C.J.- The petitioners have preferred an appeal in the High Court against their convictions and sentences to various terms of imprisonment under sections 148, 459, 366 and 323 read with section 149, P. P. C. Prayer for interim bail was refused by a learned Judge against which ‑‑, sick leave to appeal.
2. The petition has no merit whatever, for, unless we pre‑empt the subject m atter of the appeal ,it will not be possible, to differ with the High Court in the matter of granting interim bail. As such a coarse is not feasible, the petition for leave to appal is manifestly misconceived and is dismissed. The petitioners however, apply to tare High Court early hearing of the appeal.
3. Petition dismissed.