Pakistan Case Law
1998 SCMR 358

DILDAR BAIG vs THE STATE

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Citation1998 SCMR 358
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Leave to Appeal No,376-L of 1996 Criminal
Date1997-02-15
Judge(s)Zia Mahmood Mirza and Raja Afrasiab Khan
Authored byRaja Afrasiab Khan
ResultLeave refused
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from a petition for leave to appeal filed against the order of the Lahore High Court, which had upheld the dismissal of the petitioner's pre-trial bail application by the Special Court. The core legal question concerns whether the petitioner was entitled to post-arrest bail given the allegations against him. The Supreme Court of Pakistan held that the petitioner was specifically named in the First Information Report with a distinct role involving serious allegations of a murderous assault while armed with firearms. Consequently, the Court dismissed the petition and refused leave to appeal, affirming that individuals facing grave allegations with specific attribution in the initial report are not entitled to bail at this stage.

Questions settled in this judgment
  • Is an accused named in the FIR with a specific role for a murderous assault entitled to bail?
  • Whether the Supreme Court will interfere with concurrent orders of lower courts denying bail in serious cases?
Laws & provisions referred
  • Section 324, Pakistan Penal Code 1860
  • Section 148, Pakistan Penal Code 1860
  • Section 149, Pakistan Penal Code 1860
criminal bailmurderous assaultleave to appealFirst Information Reportsuppression of terrorist activities

ORDER

' RAJA AFRASIAB KHAN, J.---On 3rd of May, 1996 at 2-35 p.m., a case under section 324/148/149, P.P.C. Was registered on the statement of Mushtaq Ahmad with Police Station Pahrianwali, District Mandi Baha-ud-Din against Dildar Baig (petitioner), Aftab Baig, Aurangzeb Baig, Akram Baig and Sajjad Baig for causing injuries to Mushtaq Ahmad. Special Court No,III (Suppression of Terrorist Activities) dismissed the bail petition observing that the petitioner is guilty of murderous assault on the complainant party while armed with fire-arms vide order dated 14-9-1996. This order was upheld by a Division Bench of the Lahore High Court by dismissing the bail application of the petitioner on 21-10-1996. This petition for leave to appeal has been instituted by the petitioner.

2. Learned counsel argues that there is no evidence to connect the petitioner with the commission of the crime and as such, he is entitled to be released on bail.

3. The petitioner is named in the F.I.R. With a specific role. Allegations against him are serious in nature. This being so, there is no substance in this petition which is dismissed by refusing leave to appeal

Cited by 6 cases

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