SHAHADAT ALI vs MUBARAK SHAH And Another
This matter concerns a petition for leave to appeal against an order of the Lahore High Court granting pre-arrest bail to the respondents. The petitioner challenged the grant of bail, alleging that the respondent engaged in forum shopping and suppression of material facts. Specifically, it was contended that the respondent initially filed a pre-arrest bail application before an Additional Sessions Judge, where notice was issued but no interim relief was granted. Subsequently, without disclosing the pendency of the first application, the respondent filed a second bail application before a different Additional Sessions Judge in the same jurisdiction, obtaining interim relief. After the second application was dismissed for non-prosecution due to the respondent's absence, the respondent approached the High Court for bail, again failing to disclose the prior proceedings. The Supreme Court found that these allegations regarding the respondent's conduct and the suppression of facts warranted a deeper examination. Consequently, the Court granted leave to appeal to consider whether the High Court's order was sustainable in light of the respondent's alleged procedural misconduct.
- Does the suppression of material facts regarding prior bail applications constitute grounds for refusing pre-arrest bail?
- Can a petitioner who engages in forum shopping by filing multiple bail applications in the same jurisdiction be granted relief?
- Is the concealment of a pending or previously dismissed bail application a valid ground for challenging a High Court order granting bail?
ORDER
ASLAM RIAZ HUSSAIN, ACTG. C.J.--The petition seeks leave to appeal against the order of the High Court, Lahore, dated 8-9-1985, whereby bail before arrest was granted to the respondents.
2. Learned counsel for the petitioner submitted that the conduct of the respondent was such that he did not deserve the grant of bail. He urged that the respondents first, made an application for bail before arrest before Sayed Ijaz Hussain Gilani. Additional Sessions Judge. Faisalabad on 31-8- 1985, who issued notice to the State without granting any ad' interim bail. The next date of hearing was, however, fixed on 5-9-1985 but the respondent instead of waiting for that date filed another bail application before arrest before a different Additional Session Judge in the same town namely Rustam Ali Malik, without informing the Court that he had already filed a similar application before Sayed Ijaz Hussain Gilani, Additional Sessions Judge, Faisalabad, and thus, got ad interim pre- arrest bail from him upto 3-9-1985. On that date the respondent did not appear in the said Court with the result that his application was dismissed for non-prosecution. He then applied for grant of bail straightaway before the High Court, suppressing the fact that he had already applied for pre- arrest bail before Syed Ijaz Hussain Gilani, Additional Sessions Judge, Faisalabad, in which notice had been issued.
In view of these assertions which have been mentioned in the grounds of the petition, the matter needs consideration. Leave is, therefore, granted for the said purpose.