ISHAQ MASIH vs THE STATE
The petitioner filed a petition for bail after being denied relief by the two lower courts in a case involving charges under the Offence against Property (Enforcement of Hadd) Order, 1979. The petitioner, facing trial alongside two co-accused, argued that there was no evidence on record to establish his involvement in the alleged robbery or that he possessed knowledge that the recovered golden bangles were stolen property. Counsel for the petitioner contended that, at most, the petitioner's actions would fall under Section 411 of the Pakistan Penal Code 1860, which carries a maximum punishment of three years. The State, represented by the learned counsel, did not oppose the grant of bail. Finding merit in the submissions, the Supreme Court converted the petition into an appeal, allowed it, and admitted the petitioner to bail subject to the furnishing of surety bonds in the amount of Rs. 25,000 with two sureties to the satisfaction of the trial court.
- Is bail appropriate when the prosecution does not oppose the application?
- Can a petition for bail be converted into an appeal by the Supreme Court?
- Does the absence of evidence regarding knowledge of stolen property warrant the grant of bail in a Hadd case?
- Section 20, Offence against Property (Enforcement of Hadd) Order 1979
- Section 411, Pakistan Penal Code 1860
ORDER
AJMAL MIAN, J.- The petitioner has been denied the bail by the two Courts below. He is facing trial u/s 20 of the Offence against Property (Enforcement of Hadd) Order, 1979 alongwith two co- accused.
2. In support of the bail application it has been submitted by Sardar Muhammad Ishaque learned counsel for the petitioner that there is noting on record to indeats that the petitioner was one of the accused who committed robbery, nor there is any matrial to indicate that the petitioner had the knowledge that the nine golden bangals allegedly recovered from the petitioner were robbed.
According to him at the most the petitioner's case falls u/s 411 PPC which is punishable for 3 years.
3. Mr. A.A. Akhund learned Sindhi at this stage does not oppose the bail.
4. The petitioner is admitted on bail in the sum of Rs.25000/- with two sureties in the like amount to the satisfaction Of the trial court. The petition is converted in to an appeal and allowed. 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.