PERVEEN BIBI vs THE STATE and another
This criminal matter arises from a petition seeking the cancellation of bail granted to respondent No. 2, Maqbool Saghar, in case F.I.R. No. 779 dated 4-11-2000 registered under Sections 302, 324, and 34 of the Pakistan Penal Code 1860 at Police Station Ferozewala, District Sheikhupura. The core legal question concerns whether the bail granted to the accused by the Additional Sessions Judge should be revoked on grounds of being unjustified or due to the alleged misuse of the concession of bail. The Lahore High Court held that the bail was granted justifiably given the role attributed to the accused and the investigation results, and noted the absence of proof regarding any misuse of bail. Consequently, the court dismissed the petition, establishing the principle that bail granted upon a justifiable assessment of role and investigation will not be interfered with absent proof of misuse.
- Whether bail granted by an Additional Sessions Judge can be cancelled without proof of misuse of the concession?
- Does the role played by an accused during the incident and the results of the investigation justify the grant of bail?
- Is interference warranted in a bail-granting order when the complainant fails to substantiate allegations of misuse?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
' Criminal case F.I.R. No,779, dated 4-11-2000 under sections 302/324/34, P.P.C. Was registered at Police Station, Ferozewala, District Sheikhipura on the report of Sadiq Masih. According to complainant Jeta Masih and Maqbool Saghar took Anwar Masih and Rafique Masih to a house of Jeta Masih for effecting compromise with, complainant, The complainant and others followed. The parties flared up in the course of talks when Niamat Masih took out his rifle while Jahangir Masih pulled out a mouzer, Niamat Masih fired twice at Rafique Masih while Jahangur Masih fired at Anwar Masih. Maqbool Saghar and Jeta Masih statingly overpowered Rafique Masih and Anwar Masih. Thereafter, Jahangir Masih fired at Babar Masih. Maqbool Saghar respondent No,2 herein was allowed bail by Additional Sessions Judge, Ferozewala vide order, dated 31-1-2001 on the ground that he was declared innocent. Under consideration petition was submitted on the ground that concession of bail was being misused by the respondent No,2. Notice of the application was issued to respondent No,
2. Learned counsel for the parties have been heard in the matter.
2. Maqbool Saghar was allowed bail by Additional Session Judge, Ferozwala justifiably keeping in view the role played by him as well as the result of investigation. The complainant-petitioner is not in possession of any proof in regard to allegation of misuse of concession of bail by respondent- accused. Therefore, I am not inclined to interfere in the bail granting order passed by Additional Sessions Judge, Ferozewala.
3. Dismissed.