Pakistan Case LawMst. AKSAR JAN Versus REHMAT DIN and another
The petitioner (complainant) challenged the judgment of a Single Judge of the Peshawar High Court, Abbottabad Bench, which granted bail to respondent No. 1 in a case registered under Sections 302, 324, 148, 149, and 109 of the Pakistan Penal Code involving a double murder. The core issue before the Supreme Court was whether the High Court improperly or illegally exercised its judicial discretion in granting bail to the accused. The Supreme Court observed that although the accused was named in the FIR, the factual allegations indicated that the assailants had ambushed themselves in shrubs during the actual firing and emerged only afterward firing in the air, at which point they were allegedly seen by the complainant and witnesses. Finding that the High Court had considered the overall circumstances of the case and that the petitioner failed to demonstrate any illegality or improper exercise of discretion, the Supreme Court refused leave to appeal and dismissed the petition.
- Whether the Supreme Court will interfere with a High Court's discretionary order granting bail in the absence of improper or illegal exercise of discretion?
- Whether bail may be granted where the accused is named in the FIR but the circumstances show that the assailants allegedly fired while hidden in shrubs and were seen only subsequent to the firing?
- Can a petition for leave to appeal challenging a grant of bail succeed without establishing that the discretion exercised by the High Court was arbitrary or contrary to law?
WALI MUHAMMAD KHAN, J.---Mst. Aksar Jan, complainant/petitioner herein, calls in question the judgment dated 24-10-1993 passed by a learned Single Judge of the Peshawar High Court, Abbottabad Bench, whereby the application filed by Rehmat Din accused/respondent was accepted and he was allowed bail in the sum of Rs,50,000 with two sureties in the like amount to the satisfaction of the Ilaqa Magistrate in case F.I.R. No,106 dated 14-6-1993, Police Station, Khanpur District Haripur under section 302/324/148/149/109, P.P.C. Charged for the double murder of Javed son of Gulab and Aslam son of Sakhi Muhammad.
We have heard Malik Mukhtar Hussain Awan, Advocate for the petitioner; Sardar Muhammad Ishaq, Advocate, for respondent No,1; Raja Abdul Ghafoor, Advocate, for the State/respondent No, 2; and have perused the record of the case.
No doubt the accused/respondent is charged in the F.I.R. But at the time of actual firing the assailants are alleged to have ambushed themselves in the shrubs and it was after the firing that they came out with guns firing in the air and were seen by the complainant and the witnesses. The learned Single Judge of the High Court taking the overall circumstances of the case into consideration exercised discretion in allowing bail to the respondent 1. The learned counsel for the petitioner has not been able to convince us that the discretion was improperly or illegally exercised.
Consequently, no interference is called for in the impugned order of the High Court and the instant petition is dismissed and leave to appeal is refused.
Judges on this bench
- Abdul Qadeer Chaudhry1,248 judgments
- Fazal Ilahi Khan582 judgments
- Wali Muhammad Khan585 judgments