Mst. RASHID BEGUM vs ABDUR RASHID
This matter arises from a miscellaneous application submitted by the petitioner complaining about the murder of her son and the subsequent release of the accused, Abdur Rashid, on bail by the High Court, apprehending further harm and abduction of her daughter-in-law. The Supreme Court relaxed the rules to treat the application as a petition for leave to appeal. The core legal question examined by the Court was whether the High Court's order releasing the respondent on bail satisfied the well-established practice of superior courts regarding the release on bail of accused persons involved in murder cases. The Court held that the case was a fit one for detailed examination and granted leave to appeal against the bail order of the High Court, while issuing non-bailable warrants for the appearance of the respondent and summoning the police record. The key principle laid down is that bail orders in heinous offences like murder passed by lower courts must strictly conform to the established practices and parameters of superior courts.
- Whether an informal application complaining against the grant of bail can be treated as a petition for leave to appeal by relaxing the rules?
- Does the release on bail of an accused charged with murder satisfy the well-established practice of superior courts under the circumstances?
- Are non-bailable warrants properly issued upon the grant of leave to appeal against an order of bail?
ORDER
' MUHAMMAD AFZAL ZULLAH, J.--The petitioner submitted a miscellaneous application before this Court complaining that her son, an army employee, was on leave when he was murdered on account of some motive relating to her daughter-in-law. With this brief narrative the applicant complained that Abdur Rashid accused was released on bail as a result whereof she apprehended that her daughter-in-law might be abducted enticed and further that she and her relations are under fear of the harm from the accused. A copy of an order passed by the High Court releasing Adur Rashid accused in this case, was also filed with this miscellaneous application.
2. The Court by relaxing the rules treated the aforenoted application as petition for leave to appeal.
It has accordingly come up for hearing in presence of the applicant/petitioner for herself and Mr. M.
Akhtar Additional Advocate-General assisted by Mr. Abdul Samad Hashmi, Advocate Supreme Court, has appeared for the State.
3. After hearing the learned Additional Advocate-General who supported the plea for cancellation of bail we consider it a fit case to examine; whether, the order dated 3-12-1988 passed by the High Court releasing Abdur Rashid respondent on bail in facts and circumstances of this case, satisfies the well established practice of the Superior Courts regarding release on bail of accused involved in cases of murder. Accordingly, leave to appeal is granted against the order of the High Court.
Non-bailable warrants shall issue against Abdur Rashid respondent for appearance in this Court.
The police record shall be summoned that it is available at the time of hearing of the appeal which shall be fixed as soon as possible.