1994 SCMR 1568

MUHAMMAD HUSSAIN and 2 others vs THE STATE

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Citation1994 SCMR 1568

CourtSupreme Court of Pakistan

Case No.Criminal Petition for Leave to Appeal No, 365-L of 1993

Date1994-01-09

Judge(s)Shafiur Rahman, Saleem Akhtar and Manzoor Hussain Sial

Authored byShafiur Rahman

ResultLeave refused

Summary

This petition for leave to appeal was filed by three petitioners against an order of the High Court dated 27-6-1993, which denied them bail in a case involving charges under Sections 302, 188, 148, and 149 of the Pakistan Penal Code 1860. The allegations stemmed from a sectarian clash on 12-7-1992, wherein the petitioners were accused of firing from inside the house of a named individual, resulting in the death of two persons. The core legal question was whether the petitioners were entitled to the grant of post-arrest bail given the nature and gravity of the allegations. The Supreme Court held that firing from inside a house upon a sectarian group constitutes a serious matter, rendering the petitioners' claim to bail undeserving at this stage. Dismissing the petition, the Court affirmed the High Court's order refusing bail, establishing that severe involvement in sectarian violence with deliberate firing weighs heavily against exercising discretion to grant bail.

Questions settled in this judgment

Whether an accused charged with fatal firing during a sectarian clash is entitled to post-arrest bail?
Does deliberate firing from inside a premises during sectarian violence constitute a ground to refuse bail?

Laws & provisions referred

Section 302, Pakistan Penal Code 1860
Section 188, Pakistan Penal Code 1860
Section 148, Pakistan Penal Code 1860
Section 149, Pakistan Penal Code 1860

post-arrest bailsectarian violenceSection 302 PPCleave to appealfiring from housegrant of bail

ORDER

' SHAFIUR RAHMAN, J.---Three petitioners who were charged of offences under sections 302, 188, 148, 149, P.P.C. Seek leave to appeal against the order of the High Court dated 27-6-1993 refusing them the bail.

2. In a clash of two sectarian groups which took place on 12-7-1992 the petitioners are accused of having fired from the house of one Shabbir and caused the death of two persons.

3. Firing from inside the house on a sectarian group is a serious matter which makes the claim of the petitioners to bail at this stage undeserving. They have been rightly refused bail by the High Court and we are not inclined to grant leave to appeal which is hereby refused.