Pakistan Case LawMUHAMMAD BASHIR Versus THE STATE and others
The petitioner complainant sought leave to appeal against the order of the Lahore High Court granting post-arrest bail to the respondents in a criminal case registered under sections 148, 302, and 307/149 of the Pakistan Penal Code. The core legal question was whether bail could be granted merely on the ground that the accused persons did not suffer injuries during the occurrence and their participation was subject to determination at trial, despite findings of innocence by investigating agencies. The Supreme Court examined the impugned order and the contentions of the parties regarding the validity of granting bail in heinous offenses involving multiple accused. The principle laid down is that the lack of injuries on an accused during a crime and differing investigative findings require careful evaluation in the context of tentative assessment of evidence for bail consideration.
- Whether the absence of injuries on an accused during a criminal occurrence is a sufficient ground for the grant of bail in a murder case?
- Can bail be granted when successive police investigations have conflicting findings regarding the innocence of the accused?
' MUHAMMAD RAFIQ TARAR, J.---Muhammad Bashir petitioner complainant in case F.I.R. No, 115, dated 19-4-1989, Police Station Baghbanpura, Gujranwala City, under sections 148, 302 and 307/149 of the P.P.C., seeks leave to appeal from the order of a learned Single Judge of the Lahore High Court dated 14-4-1993 whereby Tauqir Hussain and Shabbir Hussain respondents/accused in the said case were admitted to bail. Co-accused Mazhar was declined bail by the same order on the ground that he ' "being injured, his participation is there".
2.Perusal of the impugned order reveals that the reason which weighed with the learned Single Judge for granting bail to the aforesaid respondents was that they were not injured during the occurrence "and their participation could be subject to determination at the trial".
3.Learned counsel for the petitioner contends that the mere fact that the respondents did not suffer any injury during the occurrence could hardly constitute a ground for the grant of bail nor it could form a basis for the observation that their participation was "subject to determination at the trial". He has pointed out that in the impugned order the learned Judge in Chambers, referring to the finding of innocence recorded by the Investigating Agencies, has observed that the police had done favour to the accused persons of this case, therefore, it was not at all a fit case for the grant of bail.
On behalf of the respondents it is submitted that they were found innocent during successive investigations and their case if not on better footing
Judges on this bench
- Muhammad Rafiq Tarar605 judgments
- Manzoor Hussain Sial807 judgments