RAFI ULLAH vs THE STATE and anothers
The matter arises from a petition for leave to appeal against the order of the Lahore High Court, which cancelled the bail granted to the petitioner, Rafi Ullah, by the Additional Sessions Judge, Mianwali. The core legal question concerns the propriety of granting pre-trial or post-arrest bail to an accused charged with murder based primarily on successive police investigations finding the accused innocent, notwithstanding direct eyewitness accounts and specific attribution of a fatal shot. The Supreme Court held that the High Court rightly exercised its discretion in recalling the bail order, noting that the occurrence took place in broad daylight, was witnessed by competent witnesses, and the trial court's reliance solely on police exoneration in the face of prompt reporting and specific allegations resulted in a miscarriage of justice. The key principle laid down is that bail granted in disregard of direct incriminating evidence and prominent eyewitness accounts merely on the basis of police findings of innocence may be properly set aside to prevent a miscarriage of justice.
- Whether bail granted to an accused charged with murder can be cancelled when the trial court relied on police findings of innocence despite direct eyewitness testimony?
- Does a broad daylight occurrence with prompt reporting and specific attribution of a fatal shot constitute reasonable grounds to believe the accused committed the offense?
- Is the Supreme Court inclined to interfere with the High Court's discretion in cancelling bail when the trial court's bail order demonstrates a miscarriage of justice?
- Section 302, Pakistan Penal Code
- Section 34, Pakistan Penal Code
- Section 109, Pakistan Penal Code
ORDER
' RAJA AFRASIAB KHAN, J.---On 15th of January 1996 at 5-00 p.m., a case under section 302/34/109 P.P.C. Was registered on the statement of Sultan Ahmad with Police Station Wanbhachran, District Mianwali against Rafi Ullah, Muhammad Zaman and Shafi Ullah for the murder of Muhammad Ashraf. A learned Additional Sessions Judge, Mianwali vide his order dated 7-3-1996 accepted the bail petitions of Rafi Ullah and Muhammad Zaman observing:-- "Although the fatal shot is attributed to Rafi Ullah but during the investigation it has been found that the shot was fired by his brother co-accused Shafi Ullah and not Rafi Ullah petitioner and both these petitioners have been found innocent during three successive police investigations as mentioned above. Therefore, it cannot be said that reasonable ground exist to believe that the petitioners committed this occurrence. A case of further enquiry into their guilt is made out.
Muhammad Zaman is father of the accused persons who was not present at the scene of occurrence. His involvement due to the mala fide of the complainant cannot be ruled out.
' In these circumstances, both the petitions are accepted. So far as Rafi Ullah petitioner is concerned he is directed to be released in after arrest bail petition and so far as Muhammad Zaman is concerned interim bail already allowed to him is hereby confirmed provided each of them furnishing bail bonds in the sum of Rs,1,00,000 (one lac) each with one surety and a bond each of the like amount to the satisfaction of this Court."
' Criminal Miscellaneous No,1986-B of 1996 was moved by Sultan Ahmad for cancellation of bail allowed to the accused. It has been heard and allowed by a learned Judge of the Lahore High Court vide his order dated 2nd of October, 1996. This petition has been filed for leave to appeal.
2. Learned counsel argues that discretion has rightly been exercised by the learned trial Judge in granting bail to the accused.
3. The High Court vide its order dated 2-10-1996, observed:-- "Contending that the impugned order granting bail to the respondent solely placing reliance on ipse dixit of the police being contrary to the averred facts promptly reporting the broad daylight occurrence explicitly ascribing the solitary fatal shot to the respondent by the deceased's father having no earthly reason to substitute the offender letting real culprit go escort free to whom the motive is also attracted especially whose named co-accused being brother and father respectively already stand bailed out is demonstrative of police connivances and has resulted into miscarriage of justice.
' Factum whereof is patently demonstrated by the record and remained undislodged by the learned counsel for the complainant as well as the State despite the specific query.
' Consequently, the impugned order to the extent of granting bail to Rafi Ullah respondent is hereby recalled."
4. In view of the discretion having been rightly exercised by the High Court, we have not been persuaded to interfere in the matter. It is an occurrence of broad daylight which is alleged to have been seen by competent witnesses. The order of the High Court appears to be proper and as such, it is upheld. This petition is, therefore, dismissed by refusing leave to appeal.