Rahim Bakhsh vs Shah Nawaz And Another
This matter comes before the Supreme Court of Pakistan through petitions converted into appeals, challenging the order of the Lahore High Court regarding bail. The core legal question concerns the propriety of the High Court's exercise of discretion in granting or handling bail without considering crucial incriminating material. The Supreme Court held that the discretion conferred upon the High Court was exercised in a capricious and arbitrary manner without diligent application of mind, ignoring serious allegations supported by the victim's oral testimony, medical evidence, and the Chemical Examiner's report. Consequently, the Supreme Court set aside the impugned order of the High Court, accepted the 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 tentative opinion for bail based on cogent reasons, an order lacking such reasons and ignoring material evidence amounts to a miscarriage of justice warranting interference.
- Whether the Supreme Court can interfere with a bail order passed by the High Court if discretion is exercised in a capricious and arbitrary manner?
- Does failure to consider medical evidence and the Chemical Examiner's report in a bail matter constitute a miscarriage of justice?
- Can the Supreme Court convert petitions into appeals and set aside a laconic High Court order regarding bail?
ORDER JAVED IQBAL, 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 the 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 27.2.2002 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.