QAISER ALI vs THE STATE and another
This petition for leave to appeal challenged an order of the Lahore High Court granting post-arrest bail to the respondent, Mst. Aisha Bibi, who was charged under Section 302/109 of the Pakistan Penal Code 1860. The petitioner sought to overturn the High Court's decision, which had granted bail primarily on the basis that the case required further inquiry. Upon hearing the petitioner's counsel, the Supreme Court examined the High Court's exercise of discretion. The Supreme Court held that the High Court had rightly and fairly exercised its judicial discretion in granting bail to the respondent, particularly noting her status as a woman. Consequently, the Supreme Court found no merit in the petition and dismissed it, thereby refusing leave to appeal. The judgment reaffirms the principle that appellate courts will generally not interfere with the discretionary exercise of bail-granting powers by the High Court unless such discretion was exercised arbitrarily or contrary to established legal principles.
- Does the grant of bail on the ground of 'further inquiry' constitute a valid exercise of judicial discretion?
- Can the Supreme Court interfere with a High Court's order granting bail if the discretion was exercised fairly?
- Is the gender of the accused a relevant factor in the exercise of discretion for granting bail in non-bailable offences?
- Section 302, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
ORDER
' RAJA AFRASIAB KHAN, J.---On 14th of May, 1998, the Lahore High Court granted bail after-arrest to the respondent No Mst. Aisha Bibi widow of Zahid Ali in a case registered against her under section 302/109, P.P.C. On the statement of Qaiser Ali with Police Station Mughalpura, Lahore. This petition for leave to appeal has been instituted by the petitioner against the above said bail granting order.
2. We have heard the learned counsel for the petitioner in support of this petition. The High Court allowed the bail to the respondent inter alia on the ground that this was a case of further inquiry.
The High Court has rightly and fairly exercised its discretion in allowing bail to the respondent, woman. This being so, there is no substance in this petition which is, hereby, dismissed by refusing leave to appeal.