MUHAMMAD HUSSAIN vs ZAHEER AHMED and others
This petition for leave to appeal was filed by the petitioner, Muhammad Hussain, challenging an order of the Lahore High Court, Rawalpindi Bench, which granted post-arrest bail to the respondent, Zaheer Ahmed, in a criminal case registered under sections 342, 406, 420, 468, and 471 of the Pakistan Penal Code 1860. The petitioner sought the cancellation of the bail granted by the High Court. The High Court had granted bail based on several factors, including the fact that a co-accused had already been released on bail, the existence of pending civil litigation regarding the subject matter of the dispute, the need to determine the applicability of section 409 of the Pakistan Penal Code 1860, and the delay in lodging the First Information Report. Upon reviewing the High Court's order, the Supreme Court found the decision to be consistent with the material available on the record and legally sound. Consequently, the Supreme Court held that the High Court's order was not open to exception, and the petition for leave to appeal was dismissed.
- Can bail be granted when a co-accused has already been released on bail?
- Does the pendency of civil litigation regarding the subject matter of a criminal case constitute a valid ground for granting bail?
- Is a delay in lodging the First Information Report a relevant factor for the court to consider when deciding a bail application?
- Section 342, Pakistan Penal Code 1860
- Section 406, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
- Section 409, Pakistan Penal Code 1860
' NAZIM HUSSAIN SIDDIQUI, J.---Petitioner, Muhammad Hussain, has impugned the order dated 11-8- 2000 of a learned Judge in Chamber, Lahore High Court, Rawalpindi Bench passed in Criminal Miscellaneous No,4303-B of 2000, whereby respondent No,1 Zaheer Ahmed was admitted to bail in case of F.I.R. No,84 of 2000 registered under sections 342/406/420/468/471, P.P.C., at Police Station Kohsar, Islamabad on the statement of the petitioner.
2. The petitioner has applied for cancellation of said bail. High Court granted bail to the respondent on the grounds, that co-accused was already released on bail, civil litigation relating to the subject-matter in dispute is pending before the competent Court having jurisdiction in the matter and that the scope of section 409, P.P.C. Is, yet, to be determined with reference to the circumstances of the case. High Court also observed that there was delay in lodging the F.I.R.
3. We have examined the order of High Court and are of the view that it is in accordance with the material available on record and not open to any exception.
4. In consequence, leave to appeal is refused and the petition is dismissed.