2003 PLP 1966 (SCMR)
RAHIM BAKHSH ‑‑‑ Petitioner Versus SHAH NAWAZ and another‑‑‑Respondents
| Citation | 2003 PLP 1966 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Javed Iqbal and Tanvir Ahmed Khan, JJ |
| Parties | RAHIM BAKHSH ‑‑‑ Petitioner Versus SHAH NAWAZ and another‑‑‑Respondents |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2003 PLP 1966 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP 1966 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Javed Iqbal and Tanvir Ahmed Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 1966 (SCMR) (RAHIM BAKHSH ‑‑‑ Petitioner Versus SHAH NAWAZ and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. A. Zafar, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner.
- G. N. Gohar, Advbcate Supreme Court and M. A. Qureshi, Advocate‑ova‑Record for Respondent No. 1.
- Date of hearing: 21st February, 2003.
- Mian Abdul Qayyum Anjum, Advocate Supreme Court for the State.
Headnotes / Summary
(On appeal from the judgments dated 27‑2‑2002 and 14‑2‑2002 passed by the Lahore High Court, Bahawalpur Bench, Bahawalpur, in Criminal Miscellaneous Nos. 12‑B of 2002, 1208‑B and 1213‑B of 2001). ‑‑‑‑S.497(5)‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Cancellation of bail‑‑‑Conversion of . petition into appeal‑‑‑Supreme Court, in cancellation of bail matters, ordinarily would not disturb the tentative opinion expressed by High Court, if it was based on cogent reasons, but in the present case the same was lacking ‑‑‑Discretion as conferred upon High Court had been exercised by it in the case in a capricious and arbitrary manner without diligent application of mind which had resulted in serious miscarriage of justice‑‑‑High Court had not taken into consideration the serious allegations duly supported by oral version of victim and corroborated by medical evidence as well as by the report of Chemical Examiner‑‑‑Order of High Court being laconic and not in accordance with settled norms of justice, was set aside by the Supreme Court‑‑‑Petition filed for leave to appeal was converted into appeal and was accepted with direction that accused should be taken into custody immediately. Mian Abdul Qayyum Anjum, Advocate Supreme Court for the State.
Judgment & Decree
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.