RAFIQ KHAN vs THE STATE

This matter concerns a petition for leave to appeal against the refusal of the High Court to consider the petitioner's bail applications on their merits. The petitioner was arrested in connection with a criminal case registered under sections 302, 324, 148, and 149 of the Pakistan Penal Code 1860, arising from an incident on 13-12-1992 in District Narowal. The core legal question before the Supreme Court was whether the petitioner was entitled to the grant of post-arrest bail given the nature of the allegations against him. Upon review, the Court observed that the only active role attributed to the petitioner in the alleged occurrence was that of raising a 'Lalkara'. Consequently, the Supreme Court converted the petition into an appeal and held that the petitioner was entitled to be released on bail. The Court directed the petitioner to be released upon executing a bail bond in the sum of Rs. 50,000 with two sureties to the satisfaction of the Assistant Commissioner, Narowal, thereby establishing the principle that a mere allegation of raising a 'Lalkara' may be insufficient to deny bail in serious criminal charges.