1989 SCMR 520

MUHAMMAD IQ BAL vs MUHAMMAD SAFEER and others

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Citation1989 SCMR 520

CourtSupreme Court of Pakistan

Case No.Criminal Petitions Nos.71-R and 72-R of 1986

Date1988-11-02

Judge(s)Nasim Hasan Shah, Ghulam Mujaddid, Saad Saood Jan and Ali Hussain Qazilbash

ResultPetitions dismissed

Summary

This matter arises from two petitions for special leave to appeal filed against the order of the Lahore High Court granting bail to the respondents in a criminal case registered under sections 302, 307, 148, and 149 of the Pakistan Penal Code. The core legal question before the Supreme Court was whether bail granted to the accused persons should be cancelled. The Supreme Court held that no useful purpose would be served by cancelling the bail at this stage, particularly as the trial case was already fixed for arguments. Consequently, the petitions for special leave to appeal were dismissed. Additionally, the Court evaluated the explanation provided by the Station House Officer regarding official conduct and determined that no action was required against him. The key principle laid down is that the Supreme Court may decline to interfere with an order granting bail when the trial has progressed to the stage of final arguments, rendering cancellation impractical or unnecessary.

Questions settled in this judgment

Will the Supreme Court cancel bail when the case is already fixed for arguments?
Whether bail granted by the High Court should be interfered with at the final argument stage?

Laws & provisions referred

Section 302, Pakistan Penal Code
Section 307, Pakistan Penal Code
Section 148, Pakistan Penal Code
Section 149, Pakistan Penal Code

bail cancellationspecial leave to appealmurderattempt to murdercriminal procedure

ORDER

1. ' GHULAM MUJADDID, J.--Muhammad Iqbal son of Sharaf Khan, Gill Awan, resident of Dhok Gul Dakhli Kot Sarang, Tehsil Talagang, District Chakwal, has filed two separate petitions for special leave to appeal against the order of the Lahore High Court dated 8-1-1986 whereby Muhammad Safeer, Sultan Khan and Ghulam Rabbani were allowed bail in a case under section 302/307/148 read with 149, P.P.C.

2. We have heard learned counsel for the petitioner. We don't think any useful purpose would be served in cancelling the bail because the case is now fixed for arugments. Both the petitions are accordingly dismissed.

3. ' We have also heard the S.H.O. Who has given a reasonable explanation. No action needs be taken against him.