RAHIM BAKHSH Versus SHAH NAWAZ
This matter concerns a petition for leave to appeal against an order of the Lahore High Court, Bahawalpur Bench, regarding the grant of bail to the respondents. The core legal question was whether the High Court exercised its discretion in granting bail in a manner consistent with judicial norms, particularly in light of serious allegations supported by the victim's testimony, medical evidence, and a Chemical Examiner's report. The Supreme Court held that the High Court's order was laconic, capricious, and arbitrary, failing to consider relevant circumstances and evidence, thereby resulting in a miscarriage of justice. Consequently, the Supreme Court set aside the High Court's order, converted the petitions into appeals, and ordered the immediate arrest of the respondents. The key principle laid down is that while the Supreme Court does not ordinarily disturb a High Court's tentative opinion on bail, it will intervene when the discretion has been exercised without diligent application of mind, ignoring cogent evidence, or in a manner that constitutes a serious miscarriage of justice.
- Can the Supreme Court set aside a High Court order granting bail if the discretion was exercised in a capricious and arbitrary manner?
- Does the failure of the High Court to consider medical evidence and a Chemical Examiner's report in a bail matter constitute a ground for interference by the Supreme Court?
- Is a laconic order granting bail by the High Court sustainable in law?
ORDER
JAVED IQBAL, J.‑‑‑ It 'transpires from the scrutiny of record that the discretion as conferred upon the High Court has been exercised in a capricious and arbitrary manner without diligent application of mind which resulted in serious miscarriage of justice. The learned Judge in the High Court has not taken into consideration the serious allegation duly supported by the oral version of the victim and corroborated by the medical evidence as well as report ‑of Chemical Examiner.
2. The learned Judge of the High Court did not notice all the relevant circumstances. In cancellation of bail matters this Court does not ordinarily disturb the tentative opinion expressed by the High Court if it is based on cogent reasons which are badly lacking in this 'case.
3. In such view of the matter the order dated 27‑2‑2402 passed by the Lahore High Court, Bahawalpur Bench, being laconic and not in accordance with settled norms of justice is hereby set aside. These petitions are accordingly converted into appeals which are accepted and Muhammad Qasim and Haji Ahmed (respondents) should be taken into custody immediately.
4. Shahnawaz (respondent) is called absent in spite of notice and undertaking given by the learned counsel. The concerned S.H.O. and D.P.O. are hereby directed to get his arrest immediately under intimation to the Assistant Registrar of this Court within a week Positively.
H.B.T./R 85/S Petition accepted.
Cited by 1 case
- Mst. SHAFEEN AKHTAR vs Malik MUMRAIZ and others 2014 P Cr. L J 1415