ZAKAULLAH And Others vs The STATE
This matter concerns a petition for special leave to appeal against an order of the Lahore High Court, which had previously declined the petitioners' request for pre-arrest bail. The core legal question before the Supreme Court was whether the petitioners, who were co-accused in the same criminal matter, were entitled to the same relief of pre-arrest bail as had been granted to another co-accused, Muhammad Amin, in a related proceeding. The Supreme Court observed that the State did not dispute that the petitioners' case was currently on par with that of the co-accused who had already been granted bail. Consequently, the Court converted the petition into an appeal and admitted the petitioners to pre-arrest bail, subject to the furnishing of bail bonds. The Court established the principle that while bail may be granted based on the current state of investigation, it remains subject to cancellation if subsequent evidence emerges during the investigation that prima facie implicates the accused in offences punishable by death, life imprisonment, or rigorous imprisonment up to ten years. The petitioners were directed to join the investigation.
- Whether a co-accused is entitled to pre-arrest bail if their case is on par with another co-accused who has already been granted such relief?
- Can bail granted during the investigation stage be cancelled if subsequent evidence emerges indicating guilt for serious offences?
SAAD SAOOD JAN, J.--This is a petition for special leave to appeal from the order dated 12-5-1987 of the Lahore High Court rejecting the prayer of the petitioners for bail before arrest.
2. By a detailed order in Crl. P.S.L.A. No.145 of of 1987 which was converted into appeal, Muhammad Amin, a co-accused, was admitted to pre-arrest bail by this Court. The learned Assistant Advocate --General does not dispute that the case of the petitioners is at par with that of Muhammad Amin at the present stage of investigations. We would therefore convert this petition into appeal and admit the petitioners to pre-arrest bail on their furnishing bonds in the sum of Rs.25,000 each with two sureties each in the like amount to the satisfaction of Sessions Judge, Sahiwal. We may however add that if during the course of investigations evidence becomes available which prima facie indicates that any of the petitioners is guilty of an offence punishable with death or imprisonment for life or rigorous imprisonment up to ten years it will be open to the investigating agency to apply for the cancellation of his bail. The petitioners shall join the investigations. With these observations the appeal is disposed of.
Cited by 1 case
- Shahzada Qaiser Arfat @ Qaiser vs The State, etc 2021 PLD Supreme Court 708, 2021 P SC (Crl.) 589, 2021 SCP 134