MUZAMMIL HUSSAIN vs State — 2026 SCMR 917 SUPREME-COURT

Case information

Citation: 2026 SCMR 917 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: MUZAMMIL HUSSAIN vs State
Subject matter: Criminal
Provisions referred to: S. 497; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUZAMMIL HUSSAIN VS State. S.497(2)---Penal Code (XLV of 1860), Ss.337-A(iii), 337-L(2), 148 & 149---Causing shajjah hashimah, jaifah, rioting armed with deadly weapons, unlawful assembly. Bail, grant of---Further inquiry. Although alleged offence fell within prohibitory clause of Section 497(1), Cr.P.C., this alone was not sufficient ground to refuse bail where case of accused fell within ambit of further inquiry under Section 497(2), Cr.P.C. Gravity or seriousness of offence by itself could not prevent grant of bail when circumstances created doubt regarding guilt. Bail could not be withheld as substitute for punishment. In present case prosecution failed to show exceptional circumstances for denial of bail. Petitioner remained in custody since 24.04.2025, no recovery was to be made from him and trial was not likely to conclude soon. FIR reflected unexplained delay of 14 days in registration, which created possibility of consultation and deliberation. Co-accused had already been granted bail, therefore petitioner was entitled to same relief on principle of consistency. Previous enmity between parties also required cautious assessment. Case fell within scope of further inquiry under Section 497(2), Cr.P.C. Bail is rule and refusal is exception. Petition was converted into appeal and allowed. Post-arrest bail was granted.

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