ALLAH DITTA and others vs THE STATE
This matter concerns a petition for leave to appeal filed by the accused against an order of the Lahore High Court, which had rejected their application for post-arrest bail in a murder case. The petitioners were charged under sections 307, 379, 302, 148, and 149 of the Pakistan Penal Code (P.P.C.) for the murder of Faiz Bakhsh. The trial court had previously denied bail, citing that adjournments were repeatedly sought on behalf of the accused, thereby delaying the proceedings. The High Court affirmed this decision, noting that the trial was ongoing with a specific date set for evidence. Upon review, the Supreme Court examined whether there were sufficient grounds to interfere with the High Court's order. The Supreme Court found no reason to deviate from the High Court's view, particularly as the trial court had already scheduled the next hearing for evidence. Consequently, the Court held that no valid grounds were established for the grant of leave to appeal, and the petition was dismissed, maintaining the status quo of the petitioners' judicial custody.
- Can an appellate court interfere with a High Court's order denying bail when the trial is actively proceeding?
- Does the seeking of repeated adjournments by the accused constitute a valid ground for the denial of bail?
- Is leave to appeal granted when the trial court has already scheduled a near-term date for the recording of evidence?
- sections 307, 379, 302/148/149, P.P.C.
ORDER
1. ' USMAN ALI SHAH, J.--Leave to appeal has been sought by the petitioners against the order of the Lahore High Court, Multan Bench, dated 30-7-1989, whereby their Cr. Misc. Application for the grant of bail was rejected.
2. ' The petitioners were charged under sections 307, 379, 302/14/149, P.P.C. Vide F.I.R. No, 183 dated 9- 6-1987 at Police Station Jalalpur Pirwala alongwith their other co-accused for the murder of Faiz Bakhsh. They were arrested on 21-6-1987 and since then they are in judicial custody. Their application for the grant of bail was rejected by the learned trial Judge on the ground that on nine dates of hearing adjournments were sought "on account of the accused" vide order dated 12-7- 1989. Against this order the petitioners filed criminal miscellaneous application before the learned High Court which was also dismissed by the learned Single Judge, vide his order dated 30-7-1989 on the ground that the next hearing in the case for the evidence is fixed on 17-9-1989.
3. After hearing the learned counsel in support of this petition we find no reason to take a different view in the matter from that of the learned High Court as according to the learned counsel the next hearing in the case for the evidence is fixed on 3-10-1989 by the trial Court. Hence no ground is made out for the grant of leave. The petition is accordingly dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
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