REHMAT ALI vs AKBAR and another
This matter concerns a petition for leave to appeal against an order of the High Court granting post-arrest bail to the respondent, Akbar, who was accused in a case involving double murder and multiple injuries under sections 302, 307, and 149 of the Pakistan Penal Code 1860. The respondent was alleged to have inflicted a firearm injury on the thigh of one of the deceased. The High Court had granted bail primarily on the grounds of the accused's advanced age (70 years), the specific nature of the injury attributed to him, and the lack of recovery from his possession, concluding that the case warranted further inquiry. The petitioner challenged this order, contending that the High Court failed to satisfy the mandatory requirements of section 497(2) of the Code of Criminal Procedure 1898. Specifically, the petitioner argued that the High Court granted bail without recording a prima facie opinion regarding the existence of reasonable grounds to believe the accused committed a non-bailable offense. The Supreme Court granted leave to appeal to examine whether the High Court's order conformed to the statutory requirements for bail.
- Does an order granting bail satisfy the requirements of Section 497(2) of the Code of Criminal Procedure 1898 if it fails to record a prima facie opinion on the existence of reasonable grounds for believing the accused committed a non-bailable offence?
- Is the advanced age of an accused and the lack of recovery sufficient grounds to grant bail in a case involving non-bailable offences without further analysis?
- Section 302, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
' MUHAMMAD AFZAL LONE, J.---With regard to an occurrence which took place on 25-3-1989 at 9-30 a.m., in the area Adda Thatta Ali, District Sheikhupura, resulting in the death of two persons namely Muhammad Nawaz and Manzoor Hussain and fire-arm injuries to four others, boarding a bus standing at the Adda, a case was registered under section 302/307/149, P.P.C. Against Akbar respondent herein, and 12 others, who all, according to the F.I.R. Were armed with lethal weapons.
Akbar accused is alleged to have inflicted an injury with .12 bore gun on the thigh of Muhammad Nawaz deceased. Bail was refused to him by the Additional Sessions Judge. However, the High Court by its order dated 9-7-1990 allowed the bail. In this behalf, the reasons which prevailed with the High Court are that the accused is 70 years old; he caused injury only on the leg of the deceased and further no recovery has been made from him. In the estimation of the learned Single Judge this is a case for further enquiry.
2. Leave is sought, inter alia, on the ground that the High Court's order does not conform to the requirements of section 497(2), Cr.P.C. Inasmuch as, without recording a prima facie opinion that no reasonable ground exists for believing that the accused committed a non-bailable offence, merely by observing that there is a case for further enquriy into his guilt, he could not have been enlarged on bail. In this respect, the learned counsel for the petitioner has drawn our attention to Iqbal Hussain v. Abdus Sattar and another PLD 1990 SC 758, Muhammad Sadiq v. Sadiq and others PLD 1985 SC 182.
' We accordinlgy grant the leave as prayed .