ELAHI BAKHSH vs The STATE
This matter arises from a petition for special leave to appeal filed against the dismissal of an application for suspension of sentence under Section 426 of the Code of Criminal Procedure 1898 by the Lahore High Court. The appellant was convicted under Section 302 read with Section 149 of the Pakistan Penal Code 1860 for the abetment of five murders and sentenced to transportation for life, with his main appeal pending before the High Court. The core legal question is whether the appellant was entitled to interim bail pending his appeal before the High Court given the facts and circumstances of the case, including a delayed implication by prosecution witnesses and an apparent lack of motive. The Supreme Court of Pakistan held that the appellant made out a case for interim relief. The appeal was accordingly accepted, and the appellant was granted interim bail to the satisfaction of the Assistant Commissioner, Pakpattan, during the pendency of his appeal in the High Court. The key principle laid down is that interim bail under Section 426 of the Code of Criminal Procedure 1898 may be granted pending appeal where ex facie the facts presented—such as delayed witness statements and absence of an evident motive—warrant relief without prejudicing the merits of the main case.
- Is an appellant convicted of murder entitled to interim bail under Section 426 of the Code of Criminal Procedure 1898 pending the disposal of their appeal when there is a delay in implicating them and an apparent lack of motive?
- Can the Supreme Court convert a petition for special leave to appeal into an appeal and grant interim bail to the convicted person?
- Section 426, Code of Criminal Procedure 1898
- Section 302, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
1. SAJJAD AHMAD, J.- Elahi BakhsH, appellant herein, is one of the six persons, who were convicted by the Sessions Judge, Sahiwal, for having committed five murders of members of the same family in Pakpattan on the night between the 18th and 19th of June 1966. The appellant's Appeal No. 658 of 1971/Murder Re--ference No. 198 of 1971 is pending in the Lahore High Court. An application on behalf of the appellant was moved in the High Court under section 426, Cr. P. C., which has been dismissed, leading to a petition to this Court for Special Leave to Appeal.
2. The appellant was found guilty by the learned Sessions Judge for abetment of the aforesaid murders under sec--petition 302/149, P. P. C. For which he has been sentenced to transportation for life.
3. It was argued by the learned counsel for the appellant that the charge of abetment against the appellant was made by the prosecu--petition witnesses before the police one and a half months after the occurrence. This fact is not denied by the learned counsel, who has appeared for the State. Further, it appears that although in the F. I. R. The appellant was also stated to be one of the suspects: who had allegedly committed these murders, he is not shown to be related with the other convicts, and had apparently no motive to participate in this crime.
4. Without prejudice to the merits of the appellant's case. Which have to be determined in appeal by the High Court, we consider that Ex facie on the facts, as stated, the appellant should have been given relief of interim bail under section 426, Cr. P. C.
5. We had converted the petition for Special Leave to Appeal Into an appeal after issuing notice to the State counsel, and we are deciding it as such.
6. The appeal is accepted and the appellant is alloyed interim bail to the satisfaction of the Assistant Commissioner, Pakpat--tan, during the pendency of the appeal in the High Court.
Cited by 1 case
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