Pakistan Case Law
1999 SCMR 2823

MUHAMMAD YAQOOB vs YASIN and another

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Citation1999 SCMR 2823
CourtSupreme Court of Pakistan
Case No.Civil Petition No,155-L of 1998
Date1998-06-30
Judge(s)Irshad Hasan Khan and Ch. Muhammad Arif
Authored byIrshad Hasan Khan
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter comes before the Supreme Court of Pakistan through a petition directed against an order passed by the Lahore High Court granting pre-trial or post-arrest bail to the respondent. The core legal question revolves around the propriety of the High Court's exercise of discretion in granting bail to the accused. Upon hearing the arguments presented by the petitioner's counsel, the Supreme Court held that no ground was made out to interfere with the well-reasoned discretionary order passed by the High Court. Consequently, the Court dismissed the petition and refused leave to appeal, affirming the bail granted to the respondent. The key principle underscored is that the Supreme Court will not ordinarily interfere with a sound and well-reasoned discretionary order of the High Court regarding the grant of bail unless a compelling legal infirmity is demonstrated.

Questions settled in this judgment
  • Whether the Supreme Court will interfere with a well-reasoned discretionary order of the High Court granting bail?
  • Does the grant of bail by the High Court warrant interference when properly exercised?
criminal petitionbaildiscretionary orderleave refused

ORDER

' IRSHAD HASAN KHAN, J.---This petition is directed against the order, dated 18-3-1993 passed by Lahore High Court, Lahore in Criminal Miscellaneous No,6538-B of 1998.

2. After hearing Syed Zahid Hussain Bokhrari, learned counsel for the petitioner at some length, we see no ground to interfere with the well-reasoned discretionary order of the High Court granting bail to respondent No, 1 .

3. Resultantly, the petition is dismissed and leave refused.

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