REHMAT ALI vs HAMEED MASEEH And Other
This matter involves three criminal petitions seeking the cancellation of bail granted by the Lahore High Court to respondents Hameed Maseeh, Muhammad Iqbal, and Muhammad Afzal, whose sentences of imprisonment for life under section 302/34, Pakistan Penal Code 1860 for the murder of Muhammad Jameel were suspended pending their appeals. The core legal question is whether the High Court exercised its discretion improperly or arbitrarily in suspending the respondents' sentences and granting them bail. The Supreme Court of Pakistan held that the learned Judge in the High Court did not exercise the discretion allowed under the law either illegally or arbitrarily. Additionally, the Court noted that the petition for the cancellation of bail regarding Muhammad Afzal was time-barred. The key principle laid down is that appellate discretion exercised under section 426 of the Code of Criminal Procedure 1898 for suspension of sentence will not be interfered with by the Supreme Court unless shown to be illegal or arbitrary.
- Whether the High Court exercised its discretion illegally or arbitrarily in suspending the respondents' sentences?
- Can a petition for cancellation of bail be dismissed on the ground of being time-barred?
- Is the Supreme Court inclined to interfere with the suspension of sentence granted by the High Court under section 426 of the Code of Criminal Procedure 1898 without proof of illegal or arbitrary exercise of discretion?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 426, Code of Criminal Procedure 1898
ORDER
1. NASIM HASAN SHAH, J.--This order will dispose of the abovementioned three criminal petitions, as they have all arisen in relation to the same incident.
2. Hameed Masih (respondent in Criminal Petition No. 58 of 1986), Muhammad Iqbal (respondent in Criminal Petition No. 59 of 1986), Muhammad Afzal (respondent in Criminal Petition No. 79 of 1986) and one Arshad Mahmood were tried by the Additional Sessions Judge. Gujranwala for the murder of Muhammad Jameel. All the four accused were found guilty and convicted under section 302/34, P.P.C. And sentenced to imprisonment for life. The convicts filed appeals before the Lahore High Court and also applied under section 426, Cr.P.C. For suspension of sentence during the pendency of the appeals.
3. A learned Single Judge of the Lahore High Court has, by separate orders passed on different dates, suspended the sentence of Hameed Maseeh, Muhammad Iqbal and Muhammad Afzal and granted them bail. Arshad Mahmood's prayer for suspension of sentence was, however, rejected.
4. By these three petitions, cancellation is sought of the bail granted to Hameed Maseeh (Criminal Petition No. 58 of 1986), Muhammad Iqbal (Criminal Petition No. 59 of 1986) and Muhammad Afzal (Criminal Petition No. 79 of 1986).
5. We have heard learned counsel of all the parties at some length and have carefully considered the whole matter. We find that the learned Judge in the High Court has not exercised the discretion allowed to him in this behalf either illegally or arbitrarily.
6. Furthermore, the petition (Criminal Petition No. 79 of 1986) fort cancellation of bail granted to Muhammad Afzal is also time-barred.