SHAUKAT ALI alias SHOKA vs THE STATE
This matter involves a petition for leave to appeal against an order of a learned Single Judge of the Lahore High Court, which refused to grant post-arrest bail to the petitioner, Shaukat Ali alias Shoka. The petitioner was charged under Sections 392, 411, and 417 of the Pakistan Penal Code 1860, following an F.I.R. registered on January 2, 2002. The core legal question before the Supreme Court was whether the High Court's exercise of discretion in denying bail was legally infirm or unjustified given the petitioner's status as an alleged hardened criminal and fugitive. The Supreme Court observed that the petitioner had remained an absconder until his apprehension in March 2003 and faced allegations of involvement in multiple criminal cases, including murder. Finding no legal infirmity in the High Court's impugned order, the Supreme Court upheld the decision, emphasizing that the petitioner's history as a desperate and hardened criminal, coupled with the prima facie case established against him, justified the refusal of bail. Consequently, the petition for leave to appeal was dismissed.
- Does the status of an accused as a hardened criminal and a fugitive justify the refusal of post-arrest bail?
- Can the Supreme Court interfere with the exercise of judicial discretion by a High Court in bail matters absent a legal infirmity?
- Is the recovery of incriminating evidence a relevant factor in determining the grant of bail in criminal cases?
- Section 392, Pakistan Penal Code 1860
- Section 411, Pakistan Penal Code 1860
- Section 417, Pakistan Penal Code 1860
' TANVIR AHMAD KHAN, J.---Leave to appeal is sought against the order, dated 14-7-2003 whereby a learned Single Judge of the Lahore High Court, Lahore refused to grant bail to the petitioner.
2. We need not to give facts of the case as the same have been given in detail in the impugned order.
3. We have considered the contention raised by the learned counsel for the parties and have gone through the documents appended with this petition. It is reflected from the perusal thereof that the F.I.R. Was got registered on 2-1-2002 at Police Station, Niddoki, District Narowal, under sections 392, 411 and 41/, P.P.C. The petitioner remained absconder and according to the learned counsel he was apprehended in March, 2003. The learned Single Judge of the Lahore High Court, Lahore, after thrashing the entire record has exercised his discretion in dismissing the plea of the petitioner. It would be appropriate to reproduce the concluding paragraph of the impugned order which is in the following terms:--- "Whereas; according to the learned counsel for the complainant side, the petitioner was involved in seven criminal cases including murder cases. That he was a desperate and hardened criminal and also remained fugitive in the same cases. Thatalthough he was a councilor of his Ilaqa but he depends on ransom for his living and has made the lives of many others miserable. That a recovery of cash amount has also been effected from him. Although, it is said by the learned counsel for the petitioner that the cash amount did not belong to the complainant. An affidavit has also been submitted to state that the petitioner was a desperate person. It has been further argued by the learned counsel for the complainant that a prima facie case has been made against the petitioner and that allowing him bail would mean he shall go on committing such-like offences because he was a hardened criminal."
' Learned counsel for the petitioner has failed to point out any legal infirmity in the impugned order warranting interference.
4. Resultantly for what has been stated above, the instant petition is hereby dismissed and leave to appeal is refused.
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