SADIQ SHAH vs QURBAN SHAH AND Other
This matter arises from a petition for leave to appeal against the order of the Lahore High Court granting post-arrest bail to respondents charged under sections 148, 149, 302, and 307 of the Pakistan Penal Code 1860 for rioting, unlawful assembly, and causing injuries resulting in a fatality over a land dispute. The core legal question was whether the High Court properly exercised its discretion in granting bail to the accused. The Supreme Court held that the High Court's discretion was exercised correctly, noting that the material suggested the respondents' intention was not to commit murder and their specific conduct warranted further inquiry under section 497(2) of the Code of Criminal Procedure 1898. Consequently, the Supreme Court laid down the principle that bail granted by a High Court will not be interfered with where the tentative assessment shows that the common object and murderous intent require further inquiry, and the discretion was judicially sound.
- Whether bail granted by the High Court should be cancelled when the accused's intention requires further inquiry?
- Does the tentative assessment of evidence regarding common object justify the grant of post-arrest bail in murder cases?
- Under what circumstances will the Supreme Court interfere with the discretion exercised by the High Court in granting bail?
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
ORDER
1. WAHEEDUDDIN AHMED, J.-A case under section 148/149/307, P. P. C. Ass registered against respondents Nos. I to 9 and Sajawal Shah for causing injuries to Saidan Shah, and others of the complainant party in prosecution of the common object of an unlawful assembly formed by them on 28-7-77 on a long-standing dispute about the possession of land.
2. According to F. I. R. Saidan Shah suffered a blow at the hands of Sajawal Shah, and died later on. In view of this, the case was converted to 148/149/302/307, P. P. C. The allegation against the respondents is that they had attacked the companions of the deceased and bad given them blunt weapon injuries. Respondents and Sajawal Shah moved a bail application which was dismissed by the learned Sessions Judge on 16-10-77. The respondents then moved the Lahore High Court in Cr.
3. Misc. No. 4748/B of 1977, and they were granted bail by a learned Single Judge of the Lahore High Court by order dated 10-1-78. The petitioner seeks permission to file an appeal against the said Order.
4. In support of the petition, we have heard Mr. Yasin Wattoo, and we are satisfied that this is not a fit case for the cancellation of bail. The High Court was right in observing that the intention of the respondents was not to commit murder, and their conduct requires further inquiry. In our opinion the High Court has exercised the discretion vested in it properly and this is not a fit case for interference. The petition is dismissed.