MUHAMMAD YUSUF And Others vs The STATE
This matter concerns a petition for leave to appeal against the High Court's dismissal of a bail application filed by petitioners convicted under Section 302/34 of the Pakistan Penal Code 1860. The petitioners, along with a co-accused, were convicted by the Additional Sessions Judge, Sargodha, with the co-accused receiving a death sentence and the petitioners receiving life imprisonment. Their appeals against conviction are currently pending before the High Court. The core legal question addressed was whether the petitioners were entitled to bail pending the disposal of their appeals, given the nature of the injuries attributed to them. The Supreme Court observed that the injuries attributed to the petitioners were simple and caused by 'Sotas'. Noting that interim bail had previously been granted by the Court on 13-8-1986, the Court converted the petition into an appeal and directed that it be fixed for an early hearing. The judgment reinforces the principle that the nature of injuries and the specific role attributed to an accused are critical factors in determining the grant of bail pending appeal.
- Are petitioners entitled to bail pending appeal when the injuries attributed to them are simple in nature?
- Can a petition for leave to appeal against the dismissal of a bail application be converted into an appeal by the Supreme Court?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
S.A. NUSRAT, J.--The petitioners were tried along with co-accused Yaqoob and were convicted under section 302/34, P.P.C. By the Additional Sessions Judge, Sargodha. Yaqoob was sentenced to death and the petitioners were awarded imprisonment for life and fine. All the accused have since then filed appeals which are pending in the High Court. The petitioners' application for grant of bail was dismissed by learned High Court as per impugned judgment.
2. It was contended by the learned counsel for the petitioners that admittedly the injuries attributed to the petitioners were simple, caused by 'Sotas'. The learned counsel for the State did not have much to say in Opposition. In view of the fact that interim bail has already been granted by this Court on 13-8-1986, the petition is converted into' appeal. The same may be fixed at an early date.