TANVEER SHAHID vs SHAUKAT ALI and anothers
This matter concerns a petition for leave to appeal filed by the complainant against an order of the High Court, which granted post-arrest bail to the respondent, Shaukat Ali, in a murder case registered under F.I.R. No. 164 of 1997. The High Court had exercised its discretion to grant bail on statutory grounds, specifically noting that the respondent did not fall into the category of a hardened, desperate, or dangerous criminal. The petitioner challenged this exercise of discretion, arguing it was wrongly granted. Upon review, the Supreme Court declined to interfere with the High Court's discretionary order regarding the grant of bail. The Court upheld the decision, reasoning that the High Court had properly applied the relevant statutory criteria. To balance the interests of justice, the Supreme Court disposed of the petition with a specific direction to the trial Court to conclude the trial proceedings within a period of three months.
- Can the Supreme Court interfere with the High Court's exercise of discretion in granting statutory bail?
- Is the character of an accused as a 'hardened, desperate or dangerous criminal' a relevant factor in granting statutory bail?
ORDER
' RAJA AFRASIAB KHAN, J.----On 22-6-1999, the respondent, Shaukat Ali was allowed bail in case F.I.R. No, 164 of 1997, dated 15-6-1997 on statutory grounds by the High Court. It was observed by the High Court that the respondent is not a hardened, desperate or dangerous criminal. He was accordingly, released on bail. This is a petition for leave to appeal against the order of the High Court.
2. Learned counsel for the complainant submitted that the High Court had wrongly exercised the discretion in allowing bail to the respondent in this murder case.
3. Be that as it may the High Court has exercised its discretion in allowing bail to the respondent on statutory ground holding that the respondent is not a dangerous, desperate or hardened criminal.
In the circumstances, the trial Court is directed to conclude the trial within three months. With this observation, this petition is disposed of.