ATTA MUHAMMAD vs The STATE

This matter comes before the Supreme Court of Pakistan through a petition for leave to appeal filed by the petitioner against the order of the High Court dated 31-8-1985, which had dismissed his bail application in a criminal case registered under section 302 of the Pakistan Penal Code. The core legal question concerns whether the High Court properly exercised its judicial discretion in refusing post-arrest bail to the accused. Upon hearing the learned counsel for the petitioner and examining the impugned order, the Supreme Court held that the case was not a fit one for interference with the discretionary order passed by the High Court. Consequently, the Court dismissed the petition for leave to appeal, affirming the lower court's refusal to grant bail. The key principle laid down is that the apex court will ordinarily not interfere with the discretionary exercise of judicial power by the High Court in bail matters unless a compelling ground for interference is made out.