MAZHAR MEHMOOD vs BASIT And Another
This petition for leave to appeal challenged an order by the Lahore High Court granting post-arrest bail to the respondent in a criminal case involving charges under Section 302/324/34 of the Pakistan Penal Code. The prosecution alleged that the respondent, acting in furtherance of a common intention, caused a firearm injury to the complainant. The High Court had granted bail primarily because the police investigation found the respondent innocent and placed his name in Column No. 2 of the challan, noting he had not caused injury to the deceased. The petitioner argued that the police finding of innocence was not binding on the court. The Supreme Court held that it is primarily a constitutional court and will not interfere with bail orders granted by the High Court absent compelling reasons. Furthermore, the court emphasized that the criteria for cancelling bail are distinct from those for granting it. Finding that the police had based their conclusion of innocence on statements from numerous local residents, the Court refused to interfere, holding that bail once granted should not be cancelled without strong and exceptional grounds.
- Is a police finding of innocence binding on the court during bail proceedings?
- What are the criteria for the cancellation of bail once it has been granted by a court of competent jurisdiction?
- Under what circumstances will the Supreme Court interfere with a bail order granted by the High Court?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
MUHAMMAD MUNIR KHAN, J,---Mazhar Mahmood petitioner seeks leave to appeal against the order dated 23-7-1995 of Lahore High Court, Rawalpindi Bench, Rawalpindi, granting bail to Basit respondent No.1 in case under section 302/324/34, P.P.C., registered at Police Station . Airport, Rawalpindi, vide F. I. R. No. 192 dated 6-10-1994.
2. According to prosecution, the petitioner alongwith Tariq and Basharat, in rfurtherance of their common intention, caused the death of Muhammad Waheed and injuries to Mazhar Mahmood petitioner on 6-10-1994 at 7-00 a.m. At Suzuki Stand Dhok Hafiz. Tariq fired shot at Muhammad Waheed hitting his left ear. Basharat gave Sarya blow on the head of Muhammad Waheed. Basit caused simple fire-arm injury on the left leg of the complainant/petitioner.
3. The High Court has granted bail to Basit respondent on the grounds that he having been found innocent during investigation, his name was placed in Column No.2 of the challan and that he had not caused any injury to the deceased.
4. Learned counsel for the petitioner has argued that the finding of the police with regard to the innocence of the respondent was not binding on the Court, more particularly, when there was no material in support thereof.
5. We have considered the matter carefully. This Court is primarily a Constitutional Court and not expected to go into matters concerning grant of bail by the High Court unless there are compelling reasons to do so. Furthermore, considerations for cancellation of bail granted by a Court of competent jurisdiction are different from considerations for granting bail to an accused person.
Once the bail is granted the same shall not be cancelled unless there are strong and exceptional grounds which we do not see in this case. The police file shows that the finding of the innocence of the respondent by the police is based B on oral statements made by about 100 persons of the locality. This being the position, it cannot be said that there was no material before the police to hold the petitioner innocent.
6. For all these reasons, we do not feel inclined to interfere with the impugned order. Leave to appeal is, therefore, refused and the petition is dismissed.
Cited by 3 cases
- SHAHID IQBAL vs RIAZ AHMAD and 5 others 2002 YLR 13
- SHAHID IQBAL vs RIAZ AHMAD And Other K.L.R. 2002 Criminal Cases 351
- SHAFQATULLAH KAZI Versus KARIM BUX 2001 MLD 215