TUFAIL And Another vs THE STATE And Other
This matter arises from a criminal petition for leave to appeal filed against the concurrent conviction and sentence of the petitioners under Section 302 of the Pakistan Penal Code 1860 for murder, which were upheld by the High Court. During the pendency of the main petition, the petitioners filed an application seeking the grant of bail. The core legal question addressed is whether bail should be granted to convicts whose appeal against a murder conviction is pending before the Supreme Court after concurrent findings of guilt by the lower courts. The Supreme Court dismissed the bail application, holding that no case is made out for the grant of bail when the petitioners stand convicted under Section 302 of the Pakistan Penal Code 1860 with their conviction upheld by the High Court. The key principle laid down is that evidence will not be reappraised at the interim bail stage following concurrent findings of guilt, and bail is ordinarily declined in murder cases after conviction by two courts.
- Whether bail can be granted during the pendency of a petition for leave to appeal against a conviction under Section 302 of the Pakistan Penal Code 1860?
- Can the Supreme Court reappraise evidence at the interim bail stage after concurrent findings of guilt by the courts below?
- Section 302, Pakistan Penal Code 1860
ORDER
ASLAM RIAZ HUSSAIN, J.--Tufail Baig and Khadum Hussain petitioners were tried and convicted under section 302, P.P.C. And sentenced to imprisonment for life and a fine of Rs.3,000 each. Their appeal before the High Court failed. Therefore, they have filed the present petition (Criminal Petition No. 276 of 1983) for leave to appeal against their conviction and sentence.
2. They have now filed an application for grant of bail during the pendency of the main petition.
3. We have heard the learned counsel for the petitioners. He argued that the petitioners have a very good case on merits and shall subsequently be acquitted. He attempted to argue the main case on merits but it was pointed out that two Courts below have already found the petitioners guilty of murder and this is, therefore, got a fit case to reappraise the evidence at this stage and that he can urge the contentions on merit at the time of hearing of the main petition.
No case is made out for grant of bail in the face of conviction under section 302, P.P.C. Which has been upheld by the High Court.
The bail application is, therefore, dismissed.