GUL SHER vs YOUNAS KHAN AND ANOTHER
This appeal was filed by the complainant, Gul Sher, challenging an order of the Peshawar High Court granting post-arrest bail to the respondent, Younas Khan. The respondent was charged under Section 307/148/149 of the Pakistan Penal Code 1860 for firing shots at the complainant, causing injury. While the Magistrate and the Sessions Judge had previously refused bail, the High Court granted it, reasoning that identifying the specific shot fired by the respondent among seven or eight total shots fired by the accused group was a matter requiring further inquiry. The Supreme Court reviewed the record and noted that although the complainant specifically attributed the effective shot to the respondent, the respondent's shot was not the first one fired. The Supreme Court held that the High Court's exercise of discretion in granting bail did not warrant interference by the appellate court. Consequently, the appeal was dismissed, affirming the principle that appellate courts should not interfere with the discretionary exercise of bail jurisdiction by the High Court unless a clear error is demonstrated.
- Does the identification of a specific shot fired by an accused among multiple shots fired by a group constitute a ground for further inquiry in bail matters?
- Under what circumstances will the Supreme Court interfere with the High Court's discretion in granting bail?
- Is the fact that an accused's shot was not the first one fired a relevant factor in determining bail in a case involving multiple accused?
- Section 307, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
1. ' SHAFIUR RAHMAN, J.-Leave to appeal was granted to complainant Gul Sher against an order of the Peshawar High Court, dated 9-9-1981 granting bail after arrest to Younus Khan wbo is charged alongwith 5 others for firing at the complainant seven or eight shots and injuring him on 23-2-1981 whereupon a case under section 307/148/149, P. P. C. Was registered at Police Station Rustam, District Mardan.
2. ' The respondent was the only person out of the named accused whose shot was said to have injured the complainant or to have proved effective. He was refused bail by the Magistrate 1st Class on 9-7-1981 and by the Sessions Judge on 21-7-1981 but was admitted to bail by the Peshawar High Court on 9-9-1981 inter alia on the ground that identification of his shot out of seven or eight was a matter of further inquiry. The other co-accused of the respondent were admitted to bail at an earlier stage on the ground that their shots had not proved effective.
3. We find from the record that the respondent was charged alongwith five others for firing at the complainant and injuring him. He was distinguished from the other co accused in that the complainant named him as the person whose shot proved effective on him, though his was not the first shot fired. It cannot be said in the circumstances that the discretion exercised by the High Court in the matter necessarily required interference. No case for interference is made out and hence the appeal is dismissed.
Cited by 1 case
- MUHAMMAD HUSSAIN And 3 Others vs THE STATE--Opponent 1987 P Cr. L J 324