MUHAMMAD KHAN vs MUHAMMAD KHAN And Other
This matter arises from a criminal petition for leave to appeal filed against the acquittal of the respondents, who were initially convicted under section 302 of the Pakistan Penal Code 1860 and subsequently acquitted by the High Court. After leave to appeal was granted and non-bailable warrants were issued, the respondents surrendered. Pending the hearing of the appeal, the respondents applied for bail. The core legal question concerns the discretion of the court to grant bail to respondents in an appeal against acquittal after leave has been granted, particularly when the appeal is delayed. The Supreme Court held that one of the applicants, who was attributed a minor role and had faced a significant delay of over a year without the appeal being fixed for hearing, should be released on bail, while the bail applications of the remaining two applicants were dismissed. The key principle laid down is that post-leave bail in appeals against acquittal may be considered in cases involving lesser attribution coupled with unreasonable delay in the fixation of the appeal.
- Whether bail can be granted to respondents in an appeal against acquittal after leave has been granted by the Supreme Court?
- Does a minor attribution coupled with a delay in fixing the appeal for hearing constitute sufficient ground for granting bail?
- What is the principle applied when considering a bail application pending the hearing of an appeal against acquittal?
- Section 302, Pakistan Penal Code 1860
ORDER
ASLAM RIAZ HUSSAIN, ACTG. C.J.-- Muhammad Khan, Ghlam Hassan and Lal Din, applicants (respondents in the appeal) have applied for bail. They were convicted under section 302, P.P.C. On appeal they were acquitted by the High Court. Feeling aggrieved the petitioner filed a petition for leave to appeal against the acquittal of the three respondents-applicants. Leave was granted to him by this Court on 4-4-1984, and non-bailable warrants were ordered to be issued against the respondents. As a result they surrendered in September, 1984.
Since the appeal has not yet been fixed for hearing, they have applied for grant of bail.
2. Having considered all the facts of the case we feel that Ghulam Hassan applicant who only has been attributed a minor role deserves to be released on bail, specially in view of the fact that the appeal has not yet been fixed for hearing although a period of one year has passed from the grant of leave. He is, therefore, released on bail in the sum of Rs.20,000 with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Chakwal.
3. The application with regard to the remaining two applicants-- respondents is, however, dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.