NAZIR AHMED vs GHULAM RASUL and others
This matter concerns a petition for leave to appeal against an order of the Lahore High Court, which granted post-arrest bail to the respondents in a murder case. The petitioner sought to challenge the bail order, arguing that the respondents had a motive for the crime. The core legal question was whether the High Court exercised its discretion appropriately in granting bail given the circumstances of the case. The Supreme Court observed that the High Court had granted bail based on findings that only ineffective firing was attributed to the respondents, no crime empties were recovered from the scene, and the incident occurred at midnight, making identification difficult. Furthermore, the Supreme Court noted the petitioner's inability to controvert these findings or provide a satisfactory explanation for the 75-day delay in filing the petition. Consequently, the Supreme Court dismissed the petition, holding that the impugned order did not warrant interference. The judgment reinforces the principle that bail is appropriately granted when the prosecution's case relies on weak evidence, such as ineffective firing and lack of corroborative physical evidence, particularly in cases of nighttime occurrences.
- Is the grant of bail justified when only ineffective firing is attributed to the accused?
- Does the lack of recovery of crime empties from the scene of the crime constitute a valid ground for the grant of bail?
- Can bail be granted in a murder case where the occurrence took place at night, making identification difficult?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
' MANZOOR HUSSAIN SIAL, J.---The petitioner seeks leave to appeal against order dated 21-3-1993, of the learned. Single Judge of the Lahore High Court, whereby he released respondents Nos. 1 and 2 on bail pending decision of the case against them.
2. Nazir Ahmad petitioner lodged F.I.R. On 16-2-1992, under section 302/34, P.P.C. At Police Station, Piplan, District Mianwali, wherein alleged that on the night between 15/16th February, 1992, his brother Muhammad Ibrahim was murdered by a gun-shot fired by Muhammad Amin accused. The respondents were also alleged to have participated in the firing.
3. The learned Lahore High Court allowed the respondents to be released on bail on the ground that only ineffective firing was attributed to them, no crime empty was recovered from the spot and the occurrence had taken place at the mid-night when identification of assailants was difficult.
4. Learned counsel for petitioner contended that Ghulam Rasul had motive as he suspected Muhammad Ibrahim deceased having illicit relation with his wife. He, however, was unable to controvert the factum of ineffective firing attributed to the respondents no crime empty found from the place of firing and the occurrence had taken place at the dead of night. Learned counsel was also unable to satisfactorily account for the delay of 75 days for filing this petition against the impugned order.
5. In our view the impugned order passed by the learned Single Judge of the Lahore High Court releasing the respondents on bail for the grounds mentioned therein calls for no intetference. This petition is consequently dismissed and .