ATTAULLAH and 3 others vs THE STATE and another
This matter concerns a petition for leave to appeal against an order of the High Court, which had cancelled the bail previously granted to the petitioners by an Additional Sessions Judge in a criminal case involving charges under sections 302, 324, 148, and 149 of the Pakistan Penal Code 1860. The core legal question was whether the High Court was justified in cancelling the bail of the petitioners who were accused of murder and causing injuries. Upon review, the Supreme Court held that the trial Court had correctly admitted the petitioners to bail, primarily because the record indicated that the petitioners had not caused any injuries to the deceased, but were only alleged to have inflicted simple injuries on the prosecution witnesses. Consequently, the Supreme Court set aside the High Court's order and restored the bail granted by the trial Court, subject to the submission of fresh bail bonds. The key principle laid down is that where the material on record does not support the attribution of fatal injuries to specific accused persons, bail should not be cancelled.
- Is the absence of specific allegations of fatal injury a valid ground for maintaining bail in a murder case?
- Can the Supreme Court restore a bail order cancelled by the High Court if the initial grant of bail was based on a correct assessment of the record?
- Does the grant of bail by an appellate court influence the merits of the trial against the accused?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
' RAJA ARASIAB KHAN, J.---On 22nd of February 1997 at 9-35 p.m., a case under section 302/324/148/149, P.P.C. Was registered on the statement of Muhammad Ashiq with Police Station Sadar Sialkot against Attaullah, Ghulam Abbas, Manzoor Hussain, Ghulam Rasul (Petitioners), Muhammad Asghar, Muhammad Aslam and Ghulam Abbas son of Muhammad Rafique for the murder of Muhammad Malik and causing injuries to Zulfiqar, Liaqat, Muhammad Akram, Shahid Mahmood, Arshad Kamal Arshad Mahmood and Mst. Sabiran Bibi. On 4-7-1997, the petitioners were allowed bail by an Additional Sessions Judge, Sialkot. This order was set aside by the High Court by cancelling the bail of the petitioners. This is a petition for leave to appeal against the impugned order of the High Court.
2. Learned counsel for the petitioners submits that the petitioners have not caused any injuries to the deceased. According to the learned counsel, simple injuries are alleged to have been inflicted by the petitioners to the P.Ws. Grant of bail to the petitioners has been opposed by the learned State counsel.
3. After hearing the learned counsel for the parties and reading the record with their assistance, we hold the view that the petitioners have rightly and correctly been admitted to bail by the learned trial Court inasmuch as no injuries have allegedly been caused by them to the deceased. Be that as it may, we are inclined to restore the abovenoted order passed by the Additional Sessions Judge, whereby the petitioners have been admitted to bail. The petitioners shall, nevertheless, submit fresh bail bonds in the sum of Rs,2,00,000 (Rupees two lac) with two sureties each in the like amount to the satisfaction of trial Judge.
4. This order as well as the orders passed by the High Court and the trial Court shall not, at all, be deemed to influence the trial against the accused in any manner whatsoever. With these observations, this petition is converted into appeal and allowed.
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