GUL SHER And Another vs The STATE
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal converted into an appeal, seeking post-arrest bail for the petitioners Gul Sher and another, who were implicated in a double murder case. The core legal question is whether the petitioners are entitled to post-arrest bail when no specific role of causing fatal firearm injuries is attributed to them, and the blunt weapon injury allegedly caused by them did not contribute to the death according to the medical evidence. The Supreme Court held that the case falls within the scope of further inquiry under the relevant criminal procedure provisions, making it a fit case for the grant of bail. The court allowed the appeal and admitted the petitioners to bail subject to furnishing appropriate security bonds.
- Whether an accused person to whom no specific fatal role is assigned and whose blunt weapon injury did not contribute to the death is entitled to post-arrest bail?
- When can a criminal case be considered a fit case for further inquiry for the purpose of granting bail?
ORDER
1. MUHAMMAD HALEEM, C.J.--The case appears to us to be one of further inquiry as the incident took place at the bus stand and no specific role has been assigned to either of the two petitioners for having caused any Lathi blow to deceased Mitho, one of the two deceased who were killed by fire- arms by Ali Hassan and Isso. The former has not applied for bail and the latter has absconded. The medical evidence shows that this blunt weapon injury has not contributed in any manner towards his death. Accordingly we would convert this petition into appeal and allow it as we consider it a fit case for the grant of bail to the petitioners. Each one of them shall furnish a bail bond in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of the Sessions Judge, Hyderabad.
Cited by 1 case
- GHULAM NABI and anothers vs THE STATE 1989 P Cr. L J 126