MUHAMMAD AKRAM vs SIKANDAR HAYAT and others
This petition for leave to appeal challenged an order of the Lahore High Court, which had refused to cancel the bail granted to the respondents by the Special Court, Anti-Terrorism, in a double murder case registered under Section 302/34/109 of the Pakistan Penal Code 1860. The petitioner argued that the bail was granted in disregard of established legal principles given the brutal nature of the offense. Upon review, the High Court determined that the initial First Information Report was not based on the petitioner's personal knowledge and that multiple police investigations, including those by two Station House Officers and a Deputy Superintendent of Police, had found the respondents innocent. Consequently, the High Court held that the case warranted further inquiry and that the bail had been validly granted. The Supreme Court found the High Court's reasoning sound, noting that the order was a valid exercise of judicial discretion. Accordingly, the Supreme Court dismissed the petition and refused leave to appeal, affirming that there were no sufficient grounds to interfere with the lower court's decision.
- Is the finding of innocence by multiple police officers a relevant factor in determining whether a case calls for further inquiry in bail proceedings?
- Can a petition for leave to appeal be granted against an order refusing to cancel bail where the lower court exercised its discretion based on the police record?
- Does a First Information Report not based on the complainant's personal knowledge constitute sufficient grounds to warrant further inquiry for the purpose of bail?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
' MUNIR A. SHEIKH, J.---This petition for leave to appeal is directed against the order dated 21-10- 1998 of the Lahore High Court whereby the application moved by the petitioner for cancellation of bail granted to the respondents by the learned Judge, Special Court, Anti-Terrorism, Gujranwala Division through order dated 23-9-1998 in case F.I.R. No, 47 of 1998 dated 14-5-1998 under section 302/34/109, P.P.C. Registered at Police Station, Gojra, District Mandi Baha-ud-Din, has been dismissed.
2. Learned counsel for the petitioner submitted that it was a case of brutal double murder, therefore, the learned Special Judge granted bail to the respondents accused persons in disregard of the principles laid down by the Superior Courts, therefore, the same should have been cancelled by the High Court.
3. The High Court after perusing the police record came to the conclusion that even the information given by the petitioner at the time of registration of F.I.R. Was not based on his own knowledge and it was not stated in the same that he had identified the accused persons himself, therefore, the case called for further inquiry. It has also been observed that the respondents were found innocent by two S.H.Os., of the local police. The investigation was also conducted by Muhammad Shaukat Hayat, D.S.P., Range Crime, Gujranwala who also found the respondents innocent. Considering the facts as obtained in the record so far, it was found not a fit case for cancellation of bail already granted to the respondents by the learned Special Judge which was found to have been validly granted according to well-established principles of law laid down for grant of bail.
4. We are not inclined to interfere in the well-reasoned discretionary impugned order of the High Court, therefore, this petition is dismissed and leave to appeal refused.