Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 498---"Pre-arrest" and "post-arrest" bail---Distinction---"Pre-arrest" bail was an extraordinary relief, whereas "post-arrest" bail was an ordinary relief. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 498 & 497(2)---Pre-arrest bail, grant of---Scope---Mala fide of investigating officer or complainant---Further inquiry---Bail before arrest was meant to protect innocent citizens who had been involved in heinous offences with mala fide and ulterior motives---While seeking pre-arrest bail it was the duty of the accused to establish and prove mala fide on part of the investigating agency or the complainant---Bail before arrest could not be granted unless person seeking it satisfied conditions specified under S. 497(2), Cr.P.C., and established existence of reasonable grounds leading to believe that he was not guilty of offence alleged against him and there were in fact sufficient grounds warranting further inquiry. (c) Criminal Procedure Code (V of 1898)--- ----S. 498---Second pre-arrest bail application, filing of---Forum---When accused failed to prove any mala fide or ulterior motive in the first pre-arrest bail petition before the Additional Sessions Judge or before the High Court, then the only remedy available to him was of challenging the said order before the Supreme Court or before the High Court in case bail before arrest was declined by the Sessions Court. (d) Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), S. 365---Constitution of Pakistan, Art. 185(3)---Pre-arrest bail, refusal of---Kidnapping or abducting with intent secretly and wrongfully to confine person---Filing of numerous pre-arrest bail applications---Effect---Misuse of law---First pre-arrest bail application filed by accused persons before Additional Sessions Judge was dismissed on merits---Pre-arrest bail application filed by the accused persons before the High Court was dismissed as withdrawn---Second pre-arrest bail application filed by accused persons before the Additional Sessions Judge was also dismissed, whereafter they were granted protective bail by the High Court---Accused persons…

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