SADIQ SHAH vs QURBAN SHAH And Other
This matter arises from a petition for leave to appeal filed against the order of the Lahore High Court granting bail to respondents Nos. 1 to 9, who were implicated in a case registered under Sections 148, 149, 302, and 307 of the Pakistan Penal Code 1860 following an incident arising from a long-standing land dispute resulting in injuries and the subsequent death of an injured party. The core legal question concerns whether the High Court properly exercised its discretion in granting post-arrest bail to the respondents. The Supreme Court of Pakistan held that the High Court exercised its discretion properly, noting that the intention of the respondents was not to commit murder and their conduct warranted further inquiry under Section 497(2) of the Code of Criminal Procedure 1898. Consequently, the Supreme Court concluded that no grounds existed for the cancellation of bail and dismissed the petition. The key principle laid down is that where the common object and intention of accused persons require further inquiry and do not prima facie reflect an intent to murder, the grant of bail by the High Court will not be interfered with.
- Whether bail granted to accused persons by the High Court can be cancelled when their common intention requires further inquiry?
- Does causing blunt weapon injuries in a land dispute warrant the cancellation of post-arrest bail under section 302 of the Pakistan Penal Code?
- Was the discretion exercised by the High Court in granting bail proper in the absence of an intention to commit murder?
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
ORDER
1. WAHEEDUDDIN AHMAD, J.--A case under section 148/149/307, P.P.C. Was registered against respondents Nos. 1 to 9 and Sajawal Shah for causing injuries to Saidan Shah and others of the complainant party in prosecution of the common object of an unlawful assembly formed by them on 28-7-1977 on a long-standing dispute about the possession of land.
2. According to F.I.R. Saidan Shah suffered a blow at the hands of Sajawal Shah and died later on. In view of this the case was converted to 148/149/302/307, P.P.C. The allegation against the respondents is that they had attacked the companions of the deceased and had given them blunt weapon injuries. Respondents and Sajawal Shah moved a bail application, which was dismissed by the learned Sessions Judge on 16-10-1977. The respondents then moved the Lahore High Court in Criminal Miscellaneous No. 4748/ B of 1977 and a learned Single Judge of the Lahore High Court granted them bail by order dated 10-1-1978. The petitioner seeks permission to file an appeal against the said Order.
3. In support of the petition, we have heard Mr. Yasin Wattoo and we are satisfied that this is not a fit case for the cancellation of bail. The High Court was right in observing that the intention of the respondents was not to commit murder and their conduct requires further inquiry. In our opinion the High Court has exercised the discretion vested in it properly and this is not a fit case for interference. The petition is dismissed.