NAZIR BAIG alias JAHANGIR BAIG vs MUHAMMAD ANWAR and another
This petition for leave to appeal challenged a High Court order recalling the bail previously granted to the petitioner in a criminal case. The petitioner was accused of being part of an armed group involved in a shooting incident that resulted in injuries. Initially, the petitioner was denied bail by the Additional Sessions Judge due to his presence, specific role in causing injury, and membership in an unlawful assembly. The High Court initially granted bail based on claims that police officers had found the petitioner innocent during the investigation. However, upon subsequent review of the case diary, it was discovered that these claims were factually incorrect and that the police record implicated the petitioner. Consequently, the High Court recalled the bail order. The Supreme Court upheld the High Court's decision, finding that the initial bail grant was premised on a misrepresentation of the police record. The Court affirmed that where a bail order is based on a false premise regarding the investigation findings, the court is justified in recalling such an order upon discovering the true state of the record.
- Can a court recall an order granting bail if the order was based on a misrepresentation of the police investigation record?
- Is a court justified in cancelling bail when the police record contradicts the claim of innocence relied upon for the initial grant of bail?
ORDER
' SALEEM AKHTAR, J. ---The petitioner seeks leave to appeal against the order of the learned Judge in Chambers of the High Court whereby bail granted to him earlier was recalled.
2. According to the F.I.R. On 2-5-1993 at about 6-30 p.m. Complainant with Muhammad Arshad and Muhammad Sarwar, his brothers along with others was present in his house when they heard an alarm. He came out and saw the petitioner along with five others armed with guns raising Lalkara.
Aftab Alam, co-accused fired his gun which hit Muhammad Arshad. The other co-accused also fired. Azam Baig is alleged to have fired at the complainant, but only a pellet hit his right cheek. The petitioner is alleged to have given a butt blow to Mst. Sharifan Bibi on her lip. The learned Additional Sessions Judge taking note of the facts that the petitioner has been named in the F.I.R., has been attributed causing injury to Mst. Sharifan Bibi and that he was a member of unlawful assembly refused bail. The learned Judge in Chambers first granted bail merely on the ground that he was held to be innocent by the A.S.P. As well as by the Sub-Inspector who was initially investigating the case. However, this statement was challenged by filing another application in which it was alleged that no such opinion has been expressed by the police officers. It seems that on examination of the case diary the petitioner was fully involved in the occurrence. The learned Judge therefore recalled the order granting bail to the petitioner.
3. The learned counsel has again pressed that the police officers during investigation had found him innocent. This fact has been belied by the police record itself as observed in the impugned order. The learned Judge was therefore justified in recalling the order which was entirely based on the fact that the police officers have expressed their opinion and found petitioner to be innocent.
We refuse .To grant leave.
Cited by 1 case
- HAJI HUSSAIN Versus STATE 1997 MLD 3072