BINYAMEEN vs STATE — 2026 SCMR 99 SUPREME-COURT

Case information

Citation: 2026 SCMR 99 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: BINYAMEEN 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

BINYAMEEN VS STATE. S. 497(2)---Penal Code (XLV of 1860), Ss. 302 & 324---Qatl-i-amd and attempt to commit qatl-i-amd---Bail, grant of---Case of further inquiry---Vicarious liability, principle of---Delay in conclusion of trial. Accused was arrested in the FIR in which five nominated co-accused persons were granted bail by High Court. It was still to be determined at the trial as to whether accused had shared common intention with nominated co-accused in committing murder of deceased and causing firearm injuries to two others and he was vicariously liable for the occurrence. Challan had already been submitted but for the last 9 months the prosecution had not examined any witness at the trial. Accused was in judicial custody and was no more required for any further investigation or probe. Allegations levelled in FIR by complainant against accused were to be proved at trial and bail could not be withheld as mere punishment. Case of accused fell within the ambit of further inquiry under section 497(2), Cr.P.C. Supreme Court held that the principle of vicarious liability and common intention required determination during trial and at bail stage only tentative assessment was to be made. Since the prosecution had failed to proceed with the trial despite submission of challan and accused remained in custody for a considerable period without any further requirement of investigation, withholding bail would amount to punishment before conviction. Bail was allowed.

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