KHIZAR HAYAT Versus STATE

This matter concerns a petition for leave to appeal against the refusal of bail in a criminal case involving charges of murder. The petitioners, along with a co-accused named Zawar Hussain, were charged with the murder of Mst. Manzooran. The prosecution alleged that while Zawar Hussain performed the actual firing, one petitioner raised a lalkara, and the other was present while armed with a gun. The core legal question was whether the petitioners were entitled to bail pending trial given the nature of their alleged participation. The Supreme Court observed that the encounter appeared unplanned and that the pre-existing enmity was specifically between the co-accused Zawar Hussain and the deceased. Consequently, the Court held that the implication of the petitioners in the crime required further inquiry to determine their actual guilt. The Court converted the petition into an appeal, allowed the appeal, and admitted the petitioners to bail, establishing the principle that where the specific role and culpability of an accused in a murder case require further investigation, bail should be granted.