Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Azad Jammu and Kashmir Islamic Laws (Enforcement) Act, (IX of 1974)

Section: 25

Law: Pakistan Penal Code, 1860

Section: 324,334,336,337

(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Pre-arrest bail, grant of---Duty of court---Deep scrutiny or minute study of evidence on record was neither permissible nor desirable, however court was not expected to make an order in vacuum---Court was supposed to make a tentative assessment of the FIR, statements of prosecution witnesses recorded under S. 161, Cr.P.C., the recovery evidence, the defence plea, if any; other circumstances and facts of the case in order to reach a conclusion as to whether in the given circumstances, accused was entitled to the concession of bail or not. (b) Criminal Procedure Code (V of 1898)--- ----S. 498---Pre-arrest bail, grant of---Powers of the court---Scope---Powers available to the court under S. 498, Cr.P.C., were discretionary, which must be exercised with due care and caution; especially in the cases of heinous offences involving the penalty of death or life imprisonment or imprisonment for 10 years---Discretion under the provisions of S. 498, Cr.P.C., was to be exercised by the court judicially and not arbitrarily---Anticipatory bail under S. 498, Cr.P.C., being extraordinary relief, was granted on extraordinary grounds---Good ground for post arrest bail, was no ground for pre-arrest bail---Pre-arrest bail should not be allowed in a routine matter, rather the same was to be granted when accused was likely to be arrested for ulterior motives; such as humiliation or unjustified harassment, or where prosecution seemed to be actuated to cause an irreparable injury to reputation and liberty---Distinction between the principles governing pre-arrest and after arrest bails, were to be well known and that distinction, was not to be lost by the court while deciding the matter of pre-arrest bail. Kareem Dad v. Zaheer and another 2004 SCR 36 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss.324, 334, 336 & 337---Azad Jammu and Kashmir Islamic Penal Laws (Enforcement of Hudood and Tazeerat) Act (IX of 1974), S.25---Attempt to commit qatl-i-amd, Itlaf-i-Udw, Itlaf-i-Salahiyyat-i-Udw, Shajjah---Pre-arrest bail, refusal of---Allegation against accused was that she, upon petty…

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