AHMAD YAR And Others vs The STATE

This matter concerns a petition for leave to appeal against the refusal of bail by lower courts in a criminal case involving multiple petitioners. The core legal question addressed by the Supreme Court was whether the petitioner, Ahmad Yar, was entitled to the grant of bail, particularly considering his age and the nature of the offences charged. The Court observed that petitioner Ahmad Yar was reported to be under sixteen years of age and that his case did not fall within the prohibitory clause of the relevant bail provision. Consequently, the Court converted the petition into an appeal and allowed it, granting bail to Ahmad Yar subject to the execution of bail bonds with sureties. Regarding the other petitioners, the Court found no grounds for interference and dismissed their petitions. The key principle laid down reinforces that where an accused is a juvenile and the offence charged does not fall within the prohibitory clause of the bail statute, the court may exercise its discretion to grant bail, distinguishing the case of the juvenile from co-accused who do not meet such criteria.