Pakistan Case Law
1978 SCMR 357

BASHARAT HUSSAIN vs GHULAM HUSSAIN Etc.S.

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Citation1978 SCMR 357
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Special Leave to Appeal No. 33 of 1978 Criminal
Date1978-06-07
Judge(s)Anwarul Haq, C. J. and Waheeddudin Ahmed
Authored byWaheeduddin Ahmed
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This petition for leave to appeal arose from the dismissal of a bail cancellation application by the Lahore High Court. The respondent, Ghulam Hussain, was accused of murder under Section 302/34 of the Pakistan Penal Code 1860, specifically for allegedly holding the deceased while his co-accused delivered a fatal blow. The Sessions Judge had initially granted bail to the respondent, and the High Court subsequently refused to cancel it, finding that the respondent's specific role in facilitating the murder required further inquiry. The core legal question before the Supreme Court was whether the High Court properly exercised its discretion in refusing to cancel the bail granted to the respondent. The Supreme Court upheld the High Court's decision, holding that the discretion was exercised properly and that the case did not warrant interference. The key principle laid down is that where the role attributed to an accused in a murder case—such as holding the deceased while another strikes the fatal blow—requires further inquiry, the grant of bail by a lower court is a proper exercise of discretion that should not be disturbed by an appellate court.

Questions settled in this judgment
  • Does the allegation of holding a deceased person while a co-accused strikes a fatal blow warrant further inquiry for the purpose of bail?
  • Is the refusal of a High Court to cancel bail a proper exercise of discretion when the role of the accused requires further investigation?
  • Under what circumstances will the Supreme Court interfere with a High Court's order refusing to cancel bail?
Laws & provisions referred
  • Section 302, Pakistan Penal Code 1860
  • Section 34, Pakistan Penal Code 1860
bail cancellationmurdercommon intentionjudicial discretionfurther inquirycriminal appeal

ORDER

1. WAHEEDUDDIN AHMED, J.-A case was registered against the respondent Ghulam Hussain under section 302/34, P. P. C. For the murder of Fazal Hussain, father of the petitioner. Ghulam Hussain, respondent No. 1, was allowed bail by the Sessions Judge, Rawalpindi, on 8-11-77. The petitioner filed a petition for cancellation of bail namely Criminal Miscellaneous 6099/B of 1977 which was dismissed by a learned Single Judge of the Lahore High Court on 19-12-1977. The petitioner seeks permission to file an appeal against the said order.

2. According to the prosecution on 11-7-76 at about 7 p m. Fazal Hussain, father of the petitioner, was murdered by Abdul Qayyum, who was armed with a khunda with the help of his father and respondent No. 1, who held the deceased and disabled him from resisting. According to the F. I. R.

3. The fatal blow was given by Abdul Qayyum on the head of the deceased.

4. It is quite clear from the F. I. R. That respondent No. 1, was alleged to have held the deceased when his son Abdul Qayyum hit the deceased on the head. Respondent No. 1, is therefore, charged with facilitating the murder of the deceased. It has been rightly pointed out by the High Court that this question requires further enquiry, and the petitioner was entitled to bail.

5. In our opinion, the High Court has exercised the discretion vested in it properly.This is not a fit case for interference. The petition is dismissed.

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