Law: Criminal Procedure Code (V of 1898)

Section: 498,497(5)

(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Pre-arrest bail, grant of---Pre-conditions---Consideration for pre-arrest bail and post-arrest bail are entirely different---Extraordinary concession of pre-arrest bail can be granted only in cases of exceptional nature and that power can only be exercised when either arrest being for ulterior motive such as humiliation; unjustified harassment; prosecution motivated to cause irreparable injury to reputation; motivation of police on political consideration; or when accused has been implicated falsely. Rana Muhammad Arshad v. Muhammad Rafique PLD 2009 SC 427 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), S.324---Pre-arrest bail, cancellation of---Attempt to commit qatl-e-amd---Civil litigation---Trial Court granted pre-arrest bail to accused on two grounds i.e. affidavits of injured witnesses and existence of civil dispute between parties---Validity---Both the grounds were capricious and whimsical and were of no avail to accused, as one of the deponents admitted time, place and mode of occurrence, while the other deponent was not eye-witness of occurrence---Existence of civil dispute between parties could not be considered a relevant factor for concession of anticipatory bail because it could have been also a motive to motivate accused for commission of alleged offence---Prima facie available data suggested believing that accused had committed a non-bailable offence, thus he was not entitled for extraordinary concession of anticipatory bail---If guilt of accused had been established through reliable evidence or bail granting order was perverse, capricious or whimsical, then it could be reversed at any time and interest of justice also demanded that fair handed treatment should be meted out to prosecution---High Court set aside the order passed by Trial Court granting pre-arrest bail to accused---Bail was cancelled in circumstances. JUDGMENT MUHAMMAD HASHIM KHAN KAKAR, J.---Through present application, Juma Khan (complainant) of case F.I.R. No.39 of 2012, under section 324 of the P.P.C., registered at Pishin Police Station, District Pishin, seeks cancellation of…

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