Hafiz IMDADULLAH vs The STATE
This matter originated as a petition for leave to appeal against an order of the Sind High Court, which had declined to grant bail to the petitioner pending his trial for an offense under Section 302 of the Pakistan Penal Code 1860. The core legal question before the Supreme Court was whether the High Court's refusal to grant bail was legally justified or factually erroneous given the circumstances of the case. Upon review, the Supreme Court found no legal or factual basis to interfere with the High Court's decision. Consequently, the Supreme Court dismissed the petition for leave to appeal, thereby upholding the lower court's order denying bail. The judgment affirms the principle that appellate courts will not disturb a lower court's discretionary order regarding bail unless there is a demonstrable error in law or fact.
- Is the Supreme Court required to interfere with a High Court order denying bail if no legal or factual error is found?
- Can a petition for leave to appeal be dismissed if the High Court's reasoning for denying bail is sound?
- Section 302, Pakistan Penal Code 1860
ORDER
ABDUL KADIR SHAIKH, J.--This is a petition for grant of leave to appeal from the order of Sind High Court, dated 23-1-1986 rejecting petitioner's request for grant of bail pending his trial in a case under section 302 of the Pakistan Penal Code.
2. After having gone through the case, we find that no exception in law or on facts can be taken, with the view that has prevailed with the High Court. The petition is, therefore, dismissed.