Hardened, desperate and dangerous Criminal

  1. S. 497(1), fourth proviso — bail on statutory grounds — the factors to be considered for declaring an accused as hardened, desperate and dangerous criminal — held: the element of hardened, desperate and dangerous criminal can be ascertained from the previous record of the accused or by manner of occurrence committed by him and the allegations level against him in the FIR. Shuakat Aziz & another v. Ansar Ali and another 2014 SCR 934 (B) 1998 SCJ 145, 1998 SCR 146, 1996 P.Cr.L.J. 22 and Sub. Muhammad Azam v. Imran Hussain alias Mani and others (Criminal Appeal No.48/2011, decided on 21.12.2013) rel.
  2. To ascertain — whether the accused is hardened, desperate and dangerous criminal shall take into consideration the following three factors:- (I) previous record of the accused which may include his earlier prosecution, (ii) the nature of accusation and conduct of the accused at the time of occurrence, which has been committed in heinous manner, (iii) the element of brutality indicated that the accused were hardened, desperate and dangerous criminal and such act of the amounts to terrorism — and created a sense of fear or insecurity among the public in large. Shuakat Aziz & another v. Ansar Ali and another 2014 SCR 934 (C)
  3. S. 497(1), 3rd proviso — Cr.P.C — bail on statutory grounds — important factor — for declaring an accused as hardened, desperate and dangerous criminal — the manner of occurrence is also an importance factor to declare any person hardened, desperate and dangerous criminal. Subaedar Muhammad Azam v. Imran Hussain alias Mani & 2 others 2014 SCR 953 (E) Jahanzeb v. State & others, Criminal Appeal No.48/2012, rel.
  4. S. 497(1), 3rd proviso — Cr.P.C — bail — held: desperate and dangerous criminal are the persons who create a sense of fear or insecurity in the society and risk to the safety of the public and frighten the general public.  Subaedar M. Azam v. Imran H. alias Mani & 2 others 2014 SCR 953 (F)
  5. It is spelt out from the record that there was no enmity of the accused with the deceased and they murdered him just in furtherance of their nefarious act.  Such like offences create unrest among the society and every person who comes out of his house to carry his daily business is not confident that he will come back safely. Such like act cannot be ignored lightly as the impact of the same is creating the sense of fear or insecurity in the society. Subaedar Muhammad Azam v. Imran Hussain alias Mani & 2 others 2014 SCR 953 (G) 2011 P.Cr.L.J. 1370  ref.
  6. Murder case — bail on statutory grounds — grant of — except a single fire shot there is no other attribution against the accused — the Courts have in some cases formed the opinion relating to the accused being hardened, desperate and dangerous criminal, where the accused’s manner of commission of offence was extraordinary, brutal and highly conspired with preplanning but held: in absence of these factors, the Courts normally avoid to form opinion to declare the accused as hardened and desperate criminal. Further held: it is settled that while making any opinion the Court has to take into consideration the material placed before it. Jahanzeb v. State through Advocate-General & 4 others 2014 SCR 750 (B) 2012 YLR 1603 & PLD 1990 SC 934, rel.
  7. Held: The manner of commission of offence is very much necessary to be considered while declaring an accused as hardened, desperate and dangerous criminal.  Jahanzeb v. State through Advocate-General & 4 others 2014 SCR 750 (B) 1992 SCMR 525 & 1997 SCMR 361, rel.
  8. Murder — bail on statutory grounds — grant of — Shariat Court formed the opinion that accused is hardened, desperate and dangerous criminal and recall the concession of bail — only single fire shot attributed to the accused — no material regarding previous involvement in criminal acts nor any previous conviction order brought on record — nothing is attributed to conduct or manner regarding the commission of offence to show that accused acted in brutal, callous or extraordinary manner — held: for bringing an accused within the scope of hardened, desperate and dangerous criminal, there must be some extraordinary, abnormal, brutal, reckless, violent and callous manner of commission of offence like cutting the body into pieces or indiscriminate firing and dragging the dead body in order to disgrace the body; or there must be some previous record of conviction but, further held: mere commission of offence without any brutal or extraordinary manner attributed to the accused person normally does not bring him within the scope of hardened, desperate and dangerous criminal. Jahanzeb v. State through Advocate-General & 4 others 2014 SCR 750 (D) 2001 SCR  1 & 2002 SCR 409, rel.
  9. Determination of — for determination of the role of an accused-person whether he is hardened, desperate and dangerous criminal, the Courts have to consider the role attributed to the accused. Nishad Khan v. The State & another 2014 SCR 1460 (B)
  10. Terms — scope & interpretation of. Muhammad Arshad versus Muhammad Younis & another 2016 SCR 512 (A) 2014 SCR 750 & 2014 SCR 1460 rel.
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