MUHAMMAD AYAZ vs MAZEED KHAN AND ANOTHER
This petition for leave to appeal challenged the order of the Peshawar High Court, which had granted bail to the respondent in a criminal case involving charges of murder and causing injuries. The core legal question before the Supreme Court was whether the High Court had exercised its judicial discretion properly in granting bail, particularly in light of the circumstances surrounding the incident. The Supreme Court examined the record and noted that the High Court had observed that a person from the accused's side was also found dead at the crime scene with a weapon nearby, yet the prosecution had failed to provide any explanation regarding the circumstances of that individual's death. Finding no infirmity or error in the exercise of discretion by the High Court in granting bail, the Supreme Court held that the impugned order was not exceptionable. Consequently, the petition was dismissed, affirming the principle that the appellate court will not interfere with the discretionary grant of bail by a lower court unless it is shown to be arbitrary or based on a misreading of the record.
- Does the High Court's exercise of discretion in granting bail in a murder case warrant interference by the Supreme Court if no infirmity is found?
- Is the presence of an unexplained death on the accused's side at the crime scene a relevant factor for the court to consider when deciding a bail application?
ORDER
' MIAN BURHANUDDIN KHAN, J.-This petition is directed against the judgment and order of Peshawar High Court dated 16-3-1983 passed in Criminal Miscellaneous No, 133 of 1982.
2. We have heard the learned counsel for the petitioner. The impugned order of the learned High Court Judge does not suffer from any infirmity nor it is exceptionable on the point of discretion exercised in the matter of bail. The respondent was charged, alongwith some others, for the murder of two persons and injuring two of the P. Ws. It was observed by the learned Judge that on the spot one person from the accused side was also found dead namely Khawaja Noor who had received gun shot wounds and a rifle with some empties, was lying close by, but no mention has been made of the occasion resulting in the death of Khawaja Noor. Thus, we find no merit in this petition which is, accordingly, dismissed.