ABDUL GHAFOOR Versus State
This matter concerns a bail application filed by the applicants, Abdul Ghafoor, Ghulam Mustafa, and Ghulam Nabi, seeking post-arrest and confirmation of pre-arrest bail in a criminal case. The core legal question before the Sindh High Court was whether the applicants were entitled to the concession of bail considering the nature of the injuries sustained by the complainant, the existence of counter-cases, and the alleged malicious implication of the accused. The court observed that the maximum punishment provided for the injuries sustained by the victim, Abdul Karim, was five years, and noted the presence of counter-cases. Given these circumstances and the fact that the learned State counsel raised no objection to the grant of bail, the court found merit in the applicants' contentions. Consequently, the court held that the applicants were entitled to bail. The court granted post-arrest bail to Abdul Ghafoor and confirmed the interim pre-arrest bail for Ghulam Mustafa and Ghulam Nabi, subject to the furnishing of bail bonds in the sum of Rs.50,000 each to the satisfaction of the trial court.
- Is the existence of counter-cases a relevant factor for the grant of bail?
- Does the maximum punishment prescribed for an offense influence the court's discretion in granting bail?
- Can the court grant bail when the State counsel offers no objection to the application?
ORDER
1. MUHAMMAD MOOSA K. LEGHARI, J.-- - It is argued that there are counter-cases. The applicants have been falsely implicated for malice reasons. The cases have been challaned and the maximum punishment provided for the injuries sustained by Abdul Karim is five years.
2. Learned State counsel has, therefore, stated no objection.
3. On consideration of the arguments it appears that contentions raised are not without force and, therefore, learned State Counsel has rightly extended no objection. In the circumstances, applicant Abdul Ghafoor is granted bail in the sum of Rs.50,000 (Rupees Fifty thousand) and P.R. bond in the like amount to the satisfaction of the trial Court, whereas interim pre-arrest bail granted to applicants Ghulam Mustafa and Ghulam Nabi is confirmed on the same terms and conditions.
4. H.B.T./A-130/K ????????????????????????????????????????????????????????????????????????????????? Bail granted.