Pakistan Case LawALLAH RAKHA Versus THE STATE and 2 others
This petition for leave to appeal was filed by the complainant, Allah Rakha, challenging a Lahore High Court order that granted bail to respondents Muhammad Hassan and Muhammad Iqbal in a murder case. The deceased, Ibrahim, was allegedly murdered due to an illicit liaison. The High Court granted bail to Muhammad Hassan, noting he lacked a motive, the investigation suggested the incident occurred under grave and sudden provocation at a different location, and co-accused provided exculpatory statements exonerating him. Bail for Muhammad Iqbal was granted based on a finding of innocence during the police investigation. Before the Supreme Court, the petitioner argued that Muhammad Hassan was named in the F.I.R. with a specific role, thus disentitling him to bail. However, the petitioner could not refute the High Court's findings, and the State did not support the cancellation of bail. Given that the trial was imminent and scheduled for a specific date, the Supreme Court declined to interfere with the High Court's discretion at this stage and dismissed the petition.
- Can the Supreme Court interfere with a High Court's grant of bail when the trial is imminent and the State does not support cancellation?
- Does the presence of a specific role in an F.I.R. automatically disentitle an accused to bail if investigation findings suggest otherwise?
MUHAMMAD RAFIQ TARAR, J.---Allah Rakha petitioner/complainant seeks leave to appeal from the order of a learned Single Judge of the Lahore High Court dated 22-3-1994 whereby Muhammad Hassan and Muhammad Iqbal respondents were allowed bail in a murder case.
2.In an occurrence which took place on the night between 11/12th October, 1993 one Ibrahim was murdered. The respondents and three others namely Fida Hussain son of Allah Bakhsh, Shaukat Hussain son of Ghulam Hussain and Ghulam Hussain son of Mahi caste Kut were named as the assailants of the deceased. Illicit liaison between Mst. Tasleem Bibi daughter of Ghulam Hussain and Muhammad Ibrahim deceased was stated to be the motive for the offence.
3.The part attributed to Muhammad Hassan respondent was that he raised a Lalkara exhorting his co-accused to kill the deceased and also gave a butt blow to the deceased when he had fallen down after receiving injuries from the co-accused who were armed with Sotas. Bail to Muhammad Iqbal respondent was allowed on the ground that he was found innocent during the investigation. The petition against him has not been pressed by the learned counsel for the petitioner. Muhammad Hassan respondent was admitted to bail on the ground that he had no motive to kill the deceased; during investigation by the Additional Superintendent Police it had transpired that the deceased was subjected to beating under grave. And sudden provocation at a place different from the one mentioned by the complainant in the F.I.R. And the co-accused namely Fida Hussain, Ghulam Hussain and Shaukat Hussain "have made exculpatory confessional statements, exonerating Muhammad Hassan".
3-A. Learned counsel for the petitioner contends that Muhammad Hassan respondent is named in the F.I.R. With a specific role, therefore, he was not entitled to the concession of bail. He, however, could not controvert the observations made by the Learned Judge in the impugned order referred to above. The learned State Counsel does not support the petition for cancellation of bail. During the arguments we have been informed that trial is ready and case is fixed for 25-8-1994. In that view of the matter we would not like to interfere with the impugned order at this stage. Consequently this petition is dismissed.
Judges on this bench
- Muhammad Rafiq Tarar605 judgments
- Fazal Karim464 judgments