GHULAM vs The STATE
This matter arises from a criminal petition seeking leave to appeal against the dismissal of a bail application by the Lahore High Court concerning a murder charge. A complaint was lodged alleging that the deceased was beaten to death after entering a house to meet a woman. The petitioner, a 75-year-old man with extremely weak eyesight, was alleged to have been armed with a sota and to have attacked the deceased, though the fatal injuries were contended not to have been caused by him. The core legal question is whether the petitioner is entitled to post-arrest bail pending trial given his age, physical infirmity, and the nature of the specific allegations against him. The Supreme Court converted the petition into an appeal and held that the question of the petitioner's participation in the crime at night time required further inquiry under the circumstances. The appeal was accordingly allowed, and the petitioner was granted post-arrest bail upon furnishing sureties. The key principle laid down is that advanced age, physical infirmity such as weak eyesight, and the arguable nature of participation in a nocturnal crime constitute grounds for further inquiry warranting the grant of bail.
- Whether the advanced age and physical infirmity of an accused warrant further inquiry into his participation in a crime for the purpose of bail?
- Does a general allegation of participation with a non-fatal weapon in a nocturnal incident justify granting post-arrest bail?
- Whether the Supreme Court will convert a petition for leave to appeal into an appeal for final disposal in bail matters?
ORDER
1. WAHEEDDUDIN, J A complaint was lodged at P. S. Garh on 14-8-77 at 6 a. m. Alleging that at midnight the deceased Abdul Jabbar went inside the house of Ahmad Ali in order to meet Mst.
2. Haleema with whom he had developed illicit relations and' was given injuries by the petitioner as a result of which he died.
3. The defence contention is that the injuries had been attributed to Ahmad and Ghulam petitioner had given simple injuries with sota and that the case against the petitioner is the result of enmity.
4. The learned Sessions Judge by order dated 27-2-78 rejected the bail application of the petitioner and others on the ground that it was not a fit case for bail.
5. The matter was then taken to the Lahore High Court in Cr. Misc. 1306/13 of 1978 and a learned Single Judge by Order dated 16-4-78 dismissed the petition on the ground that offence with which the petitioner has been charged is punishable with life imprisonment. The petitioner seeks permission to file an appeal against the said Order. Notice was issued in this case to the State on 1-6-1978.
6. This petition is converted into an appeal, and will be disposed of accordingly.
7. Mr. M. Latif Khan Khosa, the learned counsel for the petitioner has taken us through the F. I. R., and alleged that the only allegation against the peti--tioner is that be was armed with a sota and he attacked Abdul Jabbar with that sates. According to him, the fatal injuries were not caused by him.
8. He further contended that the petitioner is a man 75 years old. He has extremely weak eye sight and it is yet to be determined whether he could participate in the crime at night time, Prima jack, the question whether the petitioner participated in the crime requires further inquiry. We would, therefore, allow the appeal and allow the petitioner bail in the sum of Rs. 10000 with one surety in the like amount to the satisfaction of the Assistant Commissioner, Faisalabad. , In the result, the appeal is accepted.