FATEH SHER AND 9 OTHERS MUHAMMAD AKRAM SHAH AHD vs THE STATE THE STATE
These two petitions arose from orders of the Lahore High Court concerning post-arrest bail and the cancellation of bail in a criminal case registered under sections 302, 307, 109 and other provisions of the Pakistan Penal Code in February 1973. In Petition No. 228 of 1975, ten accused sought bail, two of whom had remained incarcerated since 1973 while others had been granted bail previously. In Petition No. 231 of 1975, six accused challenged the cancellation of their bail by the High Court. The core legal question involved whether the petitioners were entitled to bail or restoration of bail pending the conclusion of the inquiry. The Supreme Court of Pakistan held that since the preliminary inquiry was virtually concluded and only the examination of certain prosecution witnesses remained, it was not desirable to release the accused on bail. The Court dismissed both petitions while directing that the inquiry be concluded with the utmost expedition.
- Whether accused persons are entitled to post-arrest bail when a criminal inquiry is near completion?
- Can bail once granted be cancelled by the High Court?
- Should petitions for bail be dismissed when only the examination of remaining prosecution witnesses is pending?
- Section 302, Pakistan Penal Code
- Section 307, Pakistan Penal Code
- Section 109, Pakistan Penal Code
ORDER
1. SALAHUDDIN AHMED, J.Thesetwo petitions have been heard together and this order will dispose of both of them.
2. Petition No. 228 of 1975 is by ten accused against an order of a learned Single Judge of the Lahore High Court refusing to grant bail to the accused.
3. Petition No. 231 of 1975 is by six accused against the orders of a learned Single Judge of the Lahore High Court cancelling their bail.
4. A case under sections 302/307/109 and some other sections of the Pakistan Penal Code was registered against the accused persons in February 1973. AL, incomplete challan was put in against them on the 15th of March 1973, and a complete challan was put in on the 12th of July 1973. Wail Muhammad and Muhammad Hussain (petitioners Nos. 9 and 10 in Petition No. 228 of 1975) have born in jail since 1973, and they were never granted bail. The other accused persons, however, were granted bail, which was subsequently cancelled by the High Court.
5. An application for release on bail of petitioners in Petition No. 228 of 1975 came up before one of us on tire 30th of July 1975, and it was ordered as an interim measure that if the preliminary inquiry was not concluded within two months from date the petitioners might renew theirapplication for interim bail.
6. We are now told that the inquiry had as a matter of fact conclude on the 25th of September 1975, but since then two of the accused who had been examined from personal appearance appeared before the Court and asked for examination of sore, prosecution witnesses who has been earlier given up by the prosecution. 21st of November 1975, has now been fixed for examination of those witness.
7. Evidently the inquiry is about to conclude, and it is not, desirable to release the accused on bail.
8. We, accordingly, dismiss both the petitions, but direct that the inquiry should be concludes with the utmost expedition.